[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              VETERANS' BENEFITS IMPROVEMENTS ACT OF 1994

  Mr. MONTGOMERY. Mr. Speaker, I ask unanimous consent that the 
Committee on Veterans' Affairs be discharged from further consideration 
of the bill (H.R. 5244) to amend small title 38, United States Code, to 
revise and improve veterans' benefits programs, and for other purposes, 
and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Sharp). Is there objection to the 
request of the gentleman from Mississippi?
  Mr. STUMP. Mr. Speaker, reserving the right to object, I yield to the 
gentleman from Mississippi [Mr. Montgomery], chairman of the committee, 
for an explanation of the bill.
  Mr. MONTGOMERY. Mr. Speaker, H.R. 5244 is a clean bill I have 
introduced today which fully embodies a compromise we have reached with 
our counterparts in the other body on H.R. 4386. For the purposes of 
discussion, I will be referring to the provisions of that bill as 
amended in my statement which follows:
  Mr. Speaker, H.R. 4386, as amended, is a wide-ranging bill reflecting 
a compromise with our colleagues in the other body affecting literally 
all of the major benefit programs administered by the Secretary of 
Veterans Affairs. It includes provisions from seven bills reported by 
the Veterans' Affairs Committee and passed by the House in this 
Congress, including: H.R. 4386, H.R. 4088, H.R. 4776, H.R. 4768, H.R. 
4724, H.R. 3456, and H.R. 949. There are many good provisions in this 
agreement, and I would like to highlight its major points by title:

                   Title I--Persian Gulf War Veterans

       First, and foremost, the compromise agreement would provide 
     for the payment of compensation on a presumptive basis to 
     those veterans of the Persian Gulf War who suffer chronic 
     disabilities resulting from undiagnosed illnesses attributed 
     to their service in the Persian Gulf region. The Secretary of 
     Veterans Affairs has indicated that current law does not 
     permit the VA to grant service connection in these cases due 
     to the absence of a diagnosis of the underlying illness.
       The presumption of service connection would be applied in 
     the case of a Persian Gulf War veteran who manifested the 
     disability in question while on active duty in the Persian 
     Gulf or within the period of time following such service to 
     be set by the Secretary.
       The compromise agreement would require the Secretary to 
     develop and implement a uniform and comprehensive medical 
     evaluation protocol to be available at all VA medical centers 
     that will ensure appropriate medical assessment, diagnosis, 
     and treatment of Persian Gulf War veterans who are suffering 
     from undiagnosed illnesses attributed to service in the 
     Persian Gulf. The Secretary would be further required, in 
     consultation with the Secretary of Defense, to ensure that 
     information collected in the protocol is collected and 
     maintained in a manner which would facilitate information 
     sharing between the VA and the clinical protocols of the 
     Department of Defense for Persian Gulf War veterans. In 
     addition, the Secretary would be required to develop case 
     definitions and diagnoses for the illnesses suffered by 
     Persian Gulf War Veterans at the earliest date possible.
       The bill would also require VA to evaluate the health 
     status of spouses and children of Persian Gulf War veterans. 
     Under this authority, VA is to provide (through contract 
     arrangements) for the conduct of diagnostic testing and 
     medical examinations of spouses and children of veterans who 
     are suffering from an illness or disorder and are listed in 
     the VA's Persian Gulf registry. The medical data regarding 
     the health of such spouses and children is to be entered into 
     the registry. Such testing and examinations are to be carried 
     out so as to determine whether there is an association 
     between illness or disorder in the spouse or child and 
     illness of the veteran. VA may devote up to $2 million on the 
     study. The bill would also provide clarification, as regards 
     the Persian Gulf Registry, that VA has authority to conduct 
     diagnostic tests in carrying out required registry 
     examinations.
       It would also direct the Secretary to implement an 
     aggressive outreach program for the benefit of Persian Gulf 
     war veterans through the establishment of a toll-free Hotline 
     and also through a recurring newsletter to be sent to Persian 
     Gulf veterans who have signed onto the Persian Gulf Veterans 
     Health Registry.
       The bill as amended would authorize funding for the conduct 
     of an epidemiological study, if recommended by the National 
     Academy of Sciences, and the conduct of a survey of Persian 
     Gulf veterans to collect additional data on their health 
     status, as well as the health status of their families.
       I would note that this title contains provisions that would 
     affect direct spending. However, we have included offsetting 
     cost-savings provisions which make this bill budget neutral.


          Title II--Board of Veterans' Appeals Administration

       Title II of the compromise agreement would provide that 
     members of the VA Board of Veterans' Appeals be compensated 
     at basic rates of pay equivalent to Administrative Law 
     Judges. This provision recognizes that the work performed by 
     Board members is very similar to the work performed by ALJ's. 
     It also recognizes the greater responsibility we have given 
     individual Board members in making decisions on veterans' 
     appeals. This provision is intended to insure that Members of 
     the Board not feel compelled to pursue ALJ positions, but 
     rather to remain at the Board, where their expertise is badly 
     needed.
       I would also replace term appointments for members of the 
     Board with an ongoing performance review system to ensure 
     that members of the board are performing at acceptable levels 
     of efficiency and quality.


                  Title III--Adjudication Improvements

       The compromise agreement contains several provisions that 
     would make improvements in the adjudication and appeals 
     process, including a provision that would allow the Secretary 
     of Veterans Affairs to accept the written statements of 
     veterans with respect to the existence of dependents or 
     marital status, rather than requiring the submission of 
     certified copies of pertinent documents. The compromise 
     agreement also includes a provision that would allow the 
     Secretary to accept medical examination reports of private 
     physicians under certain circumstances without need for an 
     examination by a VA physician for the purpose of adjudicating 
     veterans' claims for compensation or pension.
       In addition, the agreement includes provisions requiring 
     expedited treatment by the VA with respect to matters that 
     have been remanded either by the U.S. Court of Veterans 
     Appeals or by the VA Board of Veterans Appeals and permitting 
     early screening of appeals at the BVA to determine whether 
     further development of individual appeals is warranted. Many 
     of these provisions were suggested to us by the veterans 
     organizations.


           title iv--veterans' claims adjudication commission

       Title IV of the compromise agreement provides for the 
     establishment of a Veterans' Claims Adjudication Commission 
     to study and make recommendations to the Secretary and the 
     Congress regarding ways to further improve the system. The 
     commission would be comprised of nine members who would be 
     appointed by the Secretary of Veterans Affairs. The 
     commission would be charged with conducting a comprehensive 
     18-month study of VA's system for adjudicating veterans' 
     benefit claims and appeals. It would be required to submit 
     preliminary and final reports of its findings and 
     recommendations concerning the system to the Secretary and 
     the House and Senate Veterans' Affairs Committees.


                   title v--miscellaneous provisions

       The compromise agreement also affects a wise spectrum of 
     benefits for veterans or their survivors. For example, it 
     would codify the administrative action taken by Secretary 
     Brown to add four additional disabilities to the statutory 
     list of disabilities for which a presumption of service 
     connection is granted to Vietnam era veterans who were 
     exposed to herbicides while serving in Vietnam.
       It also contains provisions to clarify congressional intent 
     with respect to earlier legislation affecting veterans' 
     claims for compensation for disabilities attributed to 
     exposures to ionizing radiation while on active duty, 
     particularly during the occupation of Hiroshima and Nagasaki 
     following World War II and during the atmospheric testing of 
     nuclear devices.
       The bill would establish in VA a Center for Women Veterans 
     and a Center for Minority Veterans, to be headed by directors 
     who would report directly to the Secretary or Deputy 
     Secretary as principal advisors regarding policies and 
     programs affecting women and minority veterans respectively.
       The bill would also require the establishment of an 
     advisory committee on minority veterans to advise the 
     Secretary on needs of, and administration of benefits for, 
     veterans who are minority group members.


               title vi--education and training programs

       Title VI of the amended bill generally reflects the 
     provisions of H.R. 4768, the Veterans' Education and Training 
     Act of 1994. I am very pleased that the other body agreed to 
     accept, with a few technical changes, this measure which 
     expands and improves education and training programs provided 
     for veterans by Congress. The major provisions of Title VI 
     would:
       (1) Make permanent VA's authority to approve educational 
     assistance benefits for vocational flight training under 
     chapter 30, title 38, USC (the Montgomery GI Bill-Active 
     Duty), chapter 106, title 10, USC (the Montgomery GI Bill-
     Selected Reserve), and chapter 32, title 38, USC (VEAP). VA 
     has had temporary authority to approve flight training 
     programs under PL 101-237 and PL 102-16, but both laws 
     required that flight training benefits not be paid for 
     courses commencing after September 30, 1994.
       A provision of PL 101-237 required the VA to evaluate and 
     report to Congress on the utilization and performance of 
     vocational flight training. Because the VA's report confirmed 
     that, for the vast majority of trainees, flight training has 
     assisted them in achieving their employment objectives, I was 
     very pleased to sponsor legislation making this a permanent 
     program.
       (2) Authorize a two-year pilot program for state-approved, 
     alternative teacher certification. I want to point out that 
     this provision is included as a result of an excellent 
     recommendation made by Congressman Frank Tejeda of Texas. The 
     State of Texas is a leader in utilizing alternative teacher 
     certification programs that assist former service members 
     entering the teaching profession. This provision will enable 
     the VA to approve these programs for GI Bill benefits.
       (3) Extend the expiration date of the Veterans' Advisory 
     Committee on Education to the year 2003.
       (4) Increase the maximum amount made available to State 
     approving agencies (SAAs) from $12 million to $13 million. 
     Funding for SAAs, who have provided State oversight of 
     veterans' education and training programs since 1944, had 
     been capped at an annual level of $12 million since 1989. 
     During this time, the number of active educational 
     institutions has risen by 20 percent and the number of 
     training establishments has increased by 12 percent. 
     Additionally, the number of trainees under VA education 
     and training programs has increased approximately 40 
     percent since FY 1991 and is expected to increase an 
     additional 25 percent through FY 1998. Because of the 
     funding cap and resulting reductions in staffing levels 
     and travel funds, the processing of new programs approvals 
     have been delayed and SAA visits to educational 
     institutions and training facilities are limited to those 
     that have the greatest number of VA trainees or past 
     problems. The funding increase included in this measure 
     will enable SAAs to perform even more effectively and 
     efficiently, thus maintaining the high quality of courses 
     approved for veterans' training.
       (5) Increase the level of funding available from VA's 
     Readjustment Benefits Account for veterans' educational and 
     vocational counseling services provided by contract from $5 
     million to $6 million. Requests for counseling have increased 
     significantly over the past three years, fueled by the 
     downsizing of the Armed Forces and increased awareness of the 
     availability of counseling. Because of inadequate funding, 
     the VA has been unable to provide counseling services to all 
     who request it. Although I regret that monies were not 
     available to provide a larger increase, this raise in the 
     funding cap will enable the VA to provide counseling for an 
     additional 3,400 veterans in FY 95.
       (6) Amend the Service Members Occupational Conversion and 
     Training Act of 1992 (SMOCTA) to eliminate the requirement 
     that an employer provide job training, under a job training 
     program approved for SMOCTA purposes for not more than 18 
     months. This provision, however, continues to limit SMOCTA 
     reimbursement to employers to 18 months.


                     Title VII--Employment Programs

       Title VII of the compromise is derived from H.R. 4776, the 
     Veterans' Employment Act of 1994. The major provisions of 
     this title would:
       (1) Codify the position of Deputy Assistant Secretary of 
     Labor for Veterans' Employment and Training (DASVET) and 
     require that the individual filling this position be a 
     veteran. The position of DASVET was established under Public 
     Law 94-502, the Veterans' Education and Employment Assistance 
     Act of 1976. A provision of Public Law 96-466, the Veterans' 
     Rehabilitation and Education Amendments of 1980, elevated the 
     DASVET to Assistant Secretary of Labor for Veterans' 
     Employment (ASVET). Although this provision eliminated the 
     statutory requirement for a DASVET, Assistant Secretaries 
     have continued to appointment DASVETs. Because of the scope, 
     importance, and complexity of employment and training 
     programs administered by the Department of Labor which affect 
     veterans, I have supported the continuation of the Deputy 
     position, and this provision will codify what has long been 
     common practice.
       (2) Require that Disabled Veteran's Outreach Program 
     specialists (DVOPS) be compensated at rates comparable to 
     those paid other professionals performing essentially similar 
     duties.
       (3) Expand the biannual Bureau of Labor Statistics study of 
     unemployment among special disabled veterans and veterans who 
     served in the Vietnam Theater of Operations during the 
     Vietnam era to include the following: Vietnam era veterans 
     who did not serve in the Vietnam Theater of Operations; post-
     Vietnam era veterans; recently discharged veterans; and 
     information regarding women veterans in each category.
       (4) Require federal contractors to list all job openings in 
     all job categories, except executive and top management 
     positions, those positions that will be filled from within 
     the contractor's organization, and positions lasting less 
     than three days, with the appropriate local Employment 
     Service office. I want to stress that the Department of Labor 
     (DOL) must be very careful to narrowly define ``executive'' 
     and ``top management'' when developing regulations 
     implementing this provision. Under existing law, contractors 
     are required to list all suitable positions. This provision 
     was a necessary response to DOL's current regulation which 
     defines ``suitable'' as a job opening which pays $25,000 per 
     year or less. I am personally offended by the implication 
     that only lower-paying positions are suitable for veterans 
     when, in fact, some of the most talented, skilled, and 
     efficient people in our national workforce are those who have 
     served in our nation's Armed Forces. These men and women are 
     a national resource whose skills and capabilities must be 
     assimilated and integrated into the civilian workforce.


              title viii--cemeteries and memorial affairs

       The compromise agreement would extend the authority for the 
     State Cemetery Grant Program from September 30, 1994 to 
     September 30, 1999, permit national cemetery burials for 
     certain remarried surviving spouses and for spouses who 
     predecease an eligible veteran, and authorize the use of flat 
     gravemarkers at the Willamette National Cemetery in Oregon.


                       title ix--housing programs

       The compromise agreement also contains the provisions of 
     H.R. 4724, including the following revisions to existing law.
       First, it would provide loan guaranty eligibility for 
     reservists discharged because of a service-connected 
     disability and their surviving spouses on the same basis as 
     that for veterans and their surviving spouses.
       The bill would authorize the VA to include in interest rate 
     reduction refinancing loans an additional amount for energy 
     efficiency improvements. The VA is authorized to include the 
     cost of energy efficiency improvements in VA loans up to 
     $6,000, but energy improvement costs may not be included in 
     interest rate reduction refinancing loans. We believe that 
     any increased risk from an increase in the loan-to-value 
     ratio would be slight and would be offset to a significant 
     degree by the reduced payments resulting from lower interest 
     rates.
       The compromise would permit the conversion of an adjustable 
     rate mortgage to a fixed rate mortgage despite the higher 
     interest rate on the fixed rate mortgage. Interest rate 
     reduction refinancing loans now are made with no additional 
     charge against the veteran's entitlement, with the primary 
     requirement being that the interest rate on the new loan must 
     be less than the interest rate on the loan being refinanced. 
     While the current interest rate on the adjustable rate 
     mortgage is less than the rate on the fixed rate mortgage, it 
     would often be beneficial over the long term for the veteran 
     to refinance to a fixed rate loan.
       The compromise agreement would also waive the two-year 
     minimum service requirement for loan guaranty benefits for 
     service members who were released for active duty due to a 
     reduction in force. This provides equitable treatment to 
     veterans adversely affected by Department of Defense 
     drawdowns.
       The last housing provision would restore eligibility on a 
     one-time basis to veterans who have paid off their VA 
     guaranteed home loans but have not disposed of the property. 
     Under current law, two conditions must be met for restoration 
     of a veteran's eligibility to housing benefits. The loan must 
     have been paid off and the property disposed of. The change 
     made by this bill affords equitable treatment where there is 
     transfer of active military personnel or loss of property 
     through divorce.


                  title x--homeless veterans programs

       The bill would require VA to submit an annual report by 
     April 15 on its activities to assist homeless veterans. It 
     would also revise the Homeless Veterans Comprehensive Service 
     Programs Act of 1992 (Public Law 102-590) to raise the limit 
     on the number of comprehensive homeless centers that the VA 
     may establish from 4 to 8 and remove the requirement that 
     funds for various initiatives in that law be specifically 
     provided for in an appropriations law. Removal of this 
     requirement is consistent with the 1994 appropriations 
     conference report.


    title xi--reductions in department of veterans affairs personnel

       Title XI of the amended bill would, by statute, establish a 
     minimum number of employees in the Department of Veterans 
     Affairs, to head of sweeping staffing reductions planned by 
     the Office of Management and Budget. This body never 
     sanctioned the hospital closures, program cuts, and long 
     waiting lines for VA care that would inevitably have resulted 
     from OMB's plans to slash more than 25,000 VA hospital 
     employees from the Federal workforce. Under this measure, VA 
     will have greater flexibility to streamline operations and 
     achieve a level of workforce reductions more in keeping with 
     the vital missions it carries out.
       Mr. Speaker, as the effort to reduce the Federal workforce 
     continues, we must be careful not to require across-the-board 
     reductions throughout the government. As I said when I 
     introduced a measure on Federal workforce reductions in 
     February of this year, the policy of making the Veterans 
     Health Administration subject to across-the-board cuts now 
     being implemented by the Administration does not make any 
     sense.
       The Department of Veterans Affairs employs approximately 
     11% of the Federal civilian workforce. If you walk into a VA 
     outpatient clinic today, VA officials will tell you that they 
     have rationed care or told some veterans that they will have 
     to get care elsewhere. Although health reform measures 
     reported by our committee might have resolved some of these 
     problems, the demand for VA services today is far greater 
     than the VA's capacity to provide them.
       VA needs to have flexibility in meeting the future 
     workforce needs of its health care system. If this country is 
     going to honor its commitment to provide health care to our 
     nation's veterans, we should take steps to increase the VA's 
     ability to provide care to veterans who want it.
       If VA were forced to reduce the number of its employees by 
     5,000 every year for the next five years, it would have to 
     tell even more veterans to get their health care someplace 
     else. I want the VA to be able to provide health care in the 
     same manner as private health-care providers. But if we 
     insist that the VA participate in these across-the-board cuts 
     the same as every other federal agency, the VA isn't going to 
     make it.
       Forcing the VA to being shrinking services to veterans, 
     when it should be making VA health care more accessible, is 
     bad policy for veterans and for this nation. The only reason 
     for reducing the size of the VA workforce is if veterans stop 
     demanding care from the VA.
       VA is a safety net for disabled and poor veterans. Nothing 
     in the Workforce Restructuring Act assures these veterans 
     health care from other sources if the VA loses 25,000 
     employees. Therefore, I want to tell my colleagues that this 
     workforce reduction should not be implemented in an across-
     the-board fashion. As the GAO said in its analysis of the 
     Vice President's proposals for Reinventing Government, 
     ``Across-the-board reductions that do not recognize the 
     differing capacities of agencies to absorb such cuts could 
     significantly exacerbate existing gaps in agencies' abilities 
     to meet their missions. As the overall level of federal 
     employment is reduced, downsizing efforts need to allow for 
     adding high quality staff to those agencies where shortages 
     of properly skilled staff are hampering their 
     effectiveness.''
       At a hearing held by our committee in March of this year, 
     the representatives of almost three million veterans who 
     depend on VA for their health care argued very vehemently 
     against making VA subject to these across-the-board cuts in 
     employment.
       VA hospitals are not bloated bureaucracies. They are 
     institutions which provide compassionate care to poor and 
     disabled veterans. Many of these veterans are suffering from 
     diseases such as mental illness, alcoholism, or other 
     diseases which some community hospitals either disdain or 
     find unprofitable. People are the lifeblood of a hospital. 
     Eliminating staff from a hospital's workforce means shutting 
     down the wards in which care is provided. We can't fool 
     ourselves into thinking that because a profit-making 
     multinational corporation can reduce its workforce and 
     increase profits that we can ``streamline'' VA hospitals that 
     serve as a safety net for our veterans.
       As the Vice President's report on ``Reinventing 
     Government'' noted, ``FTE ceilings are frequently arbitrary, 
     rarely account for challenging circumstances, and are 
     normally imposed as across-the-board percentage cuts in FTEs 
     for all of an agency's units. . . . The President should 
     direct OMB and agency heads to stop setting FTE ceilings in 
     fiscal year 1995. . . . Instead of controlling the size of 
     the federal workforce by employment ceilings--which cause 
     inefficiencies and distortions in managers' personnel and 
     resource allocation decisions--[the Executive branch should] 
     control the federal workforce by dollars available in 
     operating funds.''
       I agree with the Vice President's report, and would also 
     note, as I did when I introduced H.R. 3808 earlier this year, 
     that management flexibility is the key to ``reinventing'' the 
     VA as an efficient health care provider in the future. Thus, 
     I have pursued final Congressional action on this measure 
     despite the opposition of the Office of Management and 
     Budget, and despite opposition from other quarters who 
     have complained that this would set a bad precedent for 
     other vital government agencies. In response to them I 
     would ask them ``which veterans now getting VA health care 
     do not deserve it? How many doctors and nurses does it 
     take to fully staff a VA hospital and provide the quality 
     of care veterans deserve?''
       As it originally passed the House in April, this measure 
     would have tied VA personnel levels to the level of funding 
     provided by Congress each year through the appropriations 
     process. In this summer, VA would have been free to make 
     informed management decisions, on whether to ``make or buy'' 
     necessary services, i.e., whether to use VA employees or 
     contract out for services needed. While the compromise 
     agreement is a good one which I strongly support, it does not 
     give VA management quite the flexibility that the House-
     passed measure would have.
       The compromise would establish an agency-wide floor on 
     personnel of 224,377. I believe that this would allow VA to 
     at least maintain its existing level of direct patient-care 
     providers, and to retain the vital core of employees who 
     answer veterans' telephone inquiries, counsel veterans, and 
     adjudicate their claims for benefits. The FTEE floor is some 
     10,680 FTEE below the level authorized for the agency for 
     1994, so the VA is going to see some FTEE reductions. I 
     believe the bill is very clear, however, in directing that 
     persons who are not paid from appropriated funds, such as 
     employees of the VA's Canteen Service and employees of 
     independent, non-profit research corporations, be subtracted 
     from the total number of current VA employees. This 
     substation will, in part, make it possible for VA to satisfy 
     FTEE reductions which OMB has ready imposed on it.
       The bill would also prohibit any Executive Branch official 
     from reducing the number of VA FTEE unless there are 
     insufficient funds to employ personnel to carry out the 
     Department's functions, or a subsequent law directed 
     specifically at VA employment levels is enacted. The bill 
     does not require the Secretary to maintain inefficient or 
     costly programs if these operations could be more cheaply 
     performed in the private sector. The bill suspends all of the 
     existing restrictions on contracting out that were imposed on 
     the VA in the early 1980's, restrictions imposed in an effort 
     to deter mindless reductions in government that were so in 
     fashion at the time. However, if the Secretary does decide to 
     contract out some function, the Secretary would be required 
     to include in the contract a requirement that the contractor 
     give priority in hiring to employees of the Department who 
     have been displaced by the award of the contract.
       Mr. Speaker, I regret that it was necessary for the 
     Congress to intervene in this matter in order to maintain the 
     availability of services to veterans. However, I have no 
     doubt that our failure to act would have meant serious 
     adverse effects on veterans' access to benefits and services 
     which the Congress has authorized and they have earned. It 
     was absolutely necessary to act on this matter. To do 
     otherwise would have been to breach the commitment that was 
     made to veterans when we agreed to ``care for him who have 
     borne the battle''.


              title xii--technical and clerical amendments

       This title contains numerous technical and clerical 
     amendments to the United States Code and other statutes that 
     affect programs and services administered by the Secretary of 
     Veterans Affairs.
       I want to thank the Ranking Minority Member of the 
     Committee, Bob Stump and the Subcommittee Chairman and 
     Ranking Minority Members, who worked so diligently to reach 
     this compromise with the other body. I particularly want to 
     express my deep appreciation to the splendid work preformed 
     on behalf of veterans over the years by the Vice-Chairman of 
     the Committee, the gentleman from California, Mr. Edwards, as 
     well as the gentleman from Ohio, Mr. Applegate, the gentleman 
     from Georgia, Mr. Rowland, the gentleman from Minnesota, Mr. 
     Penny, the Gentleman from Kansas, Mr. Slattery, and the 
     gentleman from Illinois, Mr. Sangmeister. We will greatly 
     miss these outstanding members of the Veterans Affairs 
     Committee as they leave the House this year and I wish each 
     of them the very best.
       I also want to thank Senator Rockefeller and Senator 
     Murkowski for their cooperation and hard work on this 
     legislation. I strongly urge my colleagues to support this 
     bill.
       For the benefit of my colleagues and others interested in 
     this legislation, there follows a complete explanation of the 
     compromise prepared by the House and Senate Committees on 
     Veterans' Affairs.
                                  ____


   Joint Explanatory Statement for H.R. 4386, the Veterans' Benefits 
                        Improvements Act of 1994

       H.R. 4386 reflects a compromise agreement that the Senate 
     and House of Representatives Committees on Veterans' Affairs 
     have reached on certain bills considered in the Senate and 
     the House of Representatives during the 103d Congress. These 
     are the following: H.R. 4386, which the House passed on 
     August 8, 1994; H.R. 4088, which the House Committee on 
     Veterans' Affairs reported on August 4, 1994, and the House 
     passed on August 8, 1994 as S. 1927; H.R. 4768, which the 
     House passed on August 1, 1994; H.R. 4776, which the House 
     passed on August 1, 1994; H.R. 4724, which the House passed 
     on August 1, 1994; H.R. 949, which the House passed on 
     September 21, 1993; H.R. 3013, which the House passed on June 
     13, 1994; H.R. 3456, which the House passed on November 16, 
     1993; S. 1908, which the Senate passed on August 19, 1994; S. 
     1546, which the Senate passed on March 25, 1994; S. 2330, 
     which the Senate Committee on Veterans' Affairs reported on 
     September 28, 1994; S. 2325, which the Senate Committee on 
     Veterans' Affairs reported on September 27, 1994; S. 2094, 
     which the Senate Committee on Veterans' Affairs reported on 
     September 27, 1994; and S. 1626, which was reported by the 
     Senate Committee on Veterans' Affairs on May 23, 1994, and 
     passed by the Senate as part of H.R. 3313 on June 8, 1994.
       The Committees on Veterans' Affairs of the Senate and House 
     of Representatives have prepared the following explanation of 
     H.R. 4386 as amended (hereinafter referred to as the 
     ``compromise agreement''). Differences between the provisions 
     contained in the compromise agreement and the related 
     provisions in the above-mentioned bills are noted in this 
     document, except for clerical corrections, conforming changes 
     made necessary by the compromise agreement, and minor 
     drafting, technical, and clarifying changes.


                   title 1--persian gulf war veterans

                                findings

       Curent law: No provision.
       House bill: Section 2 of H.R. 4386 sets forth specific 
     congressional findings regarding Persian Gulf War veterans, 
     including the following: (1) During the Persian Gulf War, 
     members of the Armed Forces potentially were exposed to toxic 
     substances and psychological stress; (2) Persian Gulf War 
     veterans suffer from illnesses that cannot now be diagnosed 
     or defined, and, as a result, VA does not consider these 
     illnesses to be service connected for VA benefit purposes; 
     (3) the National Institutes of Health Technology Assessment 
     Workshop on the Persian Gulf Experience and Health, held on 
     April 27-28, 1994, was unable to identify a single disease 
     entity or syndrome responsible for these illnesses; (4) the 
     workshop concluded that the data on the range and intensity 
     of the exposure to toxic substances are limited and were 
     collected after considerable delay; (5) under Public Law 102-
     585, VA established the Persian Gulf War Veterans Health 
     Registry, authorized health examinations, and authorized NAS 
     to conduct a review and assessment of the information about 
     the health consequences of service during the Persian Gulf 
     War, and to make recommendations for research; (6) Public Law 
     103-210 authorized priority health care for Persian Gulf War 
     veterans; (7) Public Law 103-160, the National Defense 
     Authorization Act for Fiscal Year 1994, provided funding for 
     a specialized environmental research medical facility; and, 
     (8) further research and studies must be undertaken and 
     veterans must be given the benefit of the doubt and provided 
     compensation.
       Senate bill: No comparable provision.
       Compromise agreement: Section 102 follows the House, adding 
     that the National Defense Authorization Act for Fiscal Year 
     1995 authorizes the Secretary of Defense to provide research 
     grants for three types of studies of the Gulf War syndrome, 
     including the following: (1) an epidemiological study or 
     studies; (2) studies related to the health consequences of 
     the use of pyridostigmine bromide; and (3) other studies on 
     the causes, treatment, and possible transmission of Gulf War 
     illnesses.


                                purposes

       Current law: No provision.
       House bill: Section 3 of H.R. 4386 states the purposes of 
     the House bill as follows: (1) To provide compensation to 
     Persian Gulf War veterans suffering disabilities resulting 
     from undiagnosed illnesses; (2) to require the development of 
     case assessment strategies and definitions and diagnoses at 
     the earliest possible date; (3) to promote greater outreach 
     to Persian Gulf War veterans and their families; and (4) to 
     fund research activities and surveys of Persian Gulf War 
     veterans.
       Senate bill: No comparable provision.
       Compromise agreement: Section 103 follows the House bill.


               development of medical evaluation protocol

       Current law: Title VII of the Veterans Health Care Act of 
     1992 (Public Law 102-585) requires the Secretary of Veterans 
     Affairs to establish and maintain a Persian Gulf War Veterans 
     Health Registry. Those individuals who served as a member of 
     the Armed Forces in the Persian Gulf War become eligible for 
     enrollment in the registry after they give historical 
     information about their health and military exposures, 
     receive a physical examination, and receive routine 
     diagnostic testing.
       On June 17, 1994, VA announced the implementation of a 
     comprehensive case assessment protocol to be used by selected 
     VA medical centers. The first phase of the protocol would 
     continue to be the evaluation provided through enrollment 
     into the VA Persian Gulf War Veterans Health Registry. If 
     necessary, additional evaluations would be offered.
       House bill: Section 104 of H.R. 4386 would require the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretaries of Defense and Health and Human Services, to 
     develop at the earliest possible date uniform case assessment 
     protocols and case definitions or diagnoses for illnesses 
     attributed to service in the Persian Gulf War. The Secretary 
     of Veterans Affairs would be required to provide status 
     reports on these activities, with the first such report due 
     to the Committees on Veterans' Affairs of the House and 
     Senate not later than 6 months after the date of enactment of 
     the act.
       Senate bill: Section 3 of S. 2330 is similar to the House 
     bill and would require the Secretary to develop and implement 
     a uniform and comprehensive evaluation protocol to provide 
     extensive medical examinations to Persian Gulf War veterans 
     who are suffering from illnesses the origins of which are 
     unknown and that may be attributable to service in the Gulf 
     War. It would not require VA to provide a case definition of 
     the illness. Section 3 of S. 2330 also would require that the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretary of Defense, ensure that information on the 
     protocols of the two agencies is collected and maintained in 
     a manner that enables the information to be analyzed 
     together.
       This section also would require that the VA provide the 
     comprehensive clinical evaluations at as many VA medical 
     centers are possible. This evaluation protocol must include 
     evaluation for reproductive complaints, including but not 
     limited to birth defects, miscarriages, and abnormal semen. 
     If a VA medical center were to be unable to provide the 
     comprehensive clinical evaluation, VA would have the 
     authority to provide funding for the veteran to travel to a 
     VA medical center or non-VA facility that can provide the 
     necessary assessment, diagnosis, and treatment. VA would also 
     have the authority to pay for care at non-VA medical 
     facilities. For individuals whose symptoms or illnesses 
     remain undiagnosed or unresponsive to treatment after 
     comprehensive clinical evaluations at VA medical facilities, 
     the Secretary of Veterans Affairs would be authorized to 
     provide funds for the veteran to be evaluated by a recognized 
     medical institution outside of the VA medical system. All 
     information gathered by non-VA medical facilities as part of 
     these protocols would be required to be maintained by VA.
       VA would be authorized to enter into an agreement with the 
     National Academy of Sciences under which appropriate members 
     of the Academy would review the adequacy of the comprehensive 
     clinical evaluation protocol and its implementation by VA.
       Compromise agreement: Section 104 includes the requirement 
     that VA develop a medical evaluation protocol, which was 
     included in both the House and Senate bills. It includes the 
     Senate provision requiring VA to make the medical protocol 
     available in as many VA medical centers as possible and to 
     include examinations and tests for reproductive complaints. 
     The compromise agreement specifies that the Secretary has 
     authority to contract out these medical examinations, tests, 
     and consultations, and any necessary treatment, to non-VA 
     facilities, and to pay for travel and incidental expenses, 
     under section 1703 and section 111 of title 38. The Senate 
     provision regarding reviews by the National Academy of 
     Sciences is also included. The compromise agreement includes 
     the House provision requiring that VA develop a case 
     definition of ``Gulf War Syndrome.''
       Section 104 reflects the Committees' concerns about the 
     letters and Congressional testimony they have received from 
     Gulf War veterans who report that they have had difficulty in 
     obtaining appropriate medical examinations or diagnoses at 
     numerous VA medical centers.


                   outreach to persian gulf veterans

       Current law: Section 702(f) of Public Law 102-585 required 
     VA to notify periodically individuals listed in the Persian 
     Gulf War Veterans Health Registry of significant developments 
     in research on the health effects of military service in the 
     Persian Gulf during the Persian Gulf War. Neither this 
     provision, nor any other provision in law otherwise 
     specifically requires VA to establish an outreach program for 
     Persian Gulf War veterans and their families. There are a 
     number of benefits and services available to these 
     individuals, but there currently is no single source of VA 
     information to ensure that they know about the benefits and 
     services for which they may be eligible, as well as the 
     scientific studies and research currently being conducted and 
     any developments with respect to such research.
       House bill: Section 5 of H.R. 4386 would require the 
     Secretary to develop and implement a comprehensive outreach 
     program and information system to provide Persian Gulf War 
     veterans and their families with information regarding VA's 
     Persian Gulf War Veterans Health Registry, access to health 
     services and health-related benefits, compensation and other 
     benefits, and developments in research regarding the health 
     consequences of service in the Persian Gulf, and to establish 
     a toll-free telephone number for Persian Gulf veterans and 
     their families.
       This section also would amend section 702(f) of Public Law 
     102-585 to require VA to establish a newsletter to be 
     distributed at least quarterly to all veterans listed on the 
     VA's Persian Gulf War Veterans Health Registry, or survivors 
     of such veterans. The newsletter would provide updates on the 
     status and findings of Government-sponsored research on 
     illnesses which may be related to the veteran's service in 
     the Persian Gulf theater of operations. The newsletter also 
     would include information regarding any VA or DOD 
     compensation and benefits, including health care and other 
     health-related benefits which may be available to Persian 
     Gulf War veterans or their family members from either VA or 
     DOD. The newsletter would be required to be prepared in 
     consultation with veterans service organizations.
       Senate bill: Section 4 of S. 2330 would require the 
     Secretary to develop and implement a comprehensive outreach 
     program to inform Persian Gulf veterans and their families of 
     medical care and other benefits that may be available to them 
     from VA and DOD. Subsection (b) would require that this 
     outreach program include a newsletter to be updated and 
     distributed at least annually to all veterans listed on VA's 
     Persian Gulf War Veterans Health Registry. The newsletter 
     would provide summaries of the status and findings of 
     Goverment-sponsored research on illnesses which may be 
     related to the veteran's service in the Persian Gulf theater 
     of operations. The newsletter would also include information 
     regarding any VA benefits which may be available to Persian 
     Gulf veterans and their families. The newsletter would be 
     required to be prepared in consultation with veterans service 
     organizations.
       Subsection (c) of section 4 would require that the outreach 
     program include establishment of a toll-free number within 90 
     days after the enactment of the act to provide Persian Gulf 
     War veterans and their families information about the Persian 
     Gulf War Veterans Health Registry, health care, and other 
     benefits provided by VA. In addition, the toll-free number 
     would provide any other information the Secretary considers 
     appropriate.
       Compromise agreement: Section 105 follows the Senate bill, 
     except that the Secretary would be required to issue the 
     newsletter at least twice a year, and this requirement would 
     terminate on December 31, 1999.


compensation benefits for disability resulting from illness attributed 
                 to service during the persian gulf war

       Current law: There is no provision in current law relating 
     specifically to compensation for Persian Gulf War veterans.
       House bill: Section 6 of H.R. 4386 would amend title 38 to 
     add a new section 1117 which would require the Secretary to 
     pay compensation to any Persian Gulf veteran suffering from 
     a disability resulting from an undiagnosed illness that 
     became manifest to a degree of at least 10 percent before 
     October 1, 1996, or within 2 years after the veteran last 
     performed active service in the Southwest Asia theater of 
     operations, whichever is later. A veteran would not 
     receive compensation if there was affirmative evidence 
     that the disability was not incurred during service in the 
     Persian Gulf theater of operations during the Persian Gulf 
     War or if there was affirmative evidence showing that the 
     veteran suffered from an intercurrent injury or illness, 
     recognized to be a cause of the disability, between the 
     time of the veteran's departure from the Persian Gulf and 
     the onset of the disability.
       Payment of compensation under this provision would be for 3 
     years following enactment of the act, with an automatic 
     extension of 3 years if the Secretary reports to the 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives prior to the end of the first 3-year 
     period that no diagnoses for the illnesses experienced by 
     Persian Gulf veterans can be made, based on then-current 
     medical knowledge. A report from the Secretary submitted to 
     the Committees would be due by no later than April 1, 1997.
       Senate bill: Section 2(a) of S. 2330 would amend title 38 
     to add a new section 1112A, which would provide the Secretary 
     with express general authority to conduct an inquiry when the 
     Secretary becomes aware of assertions that a group of 
     veterans with the same or similar military service share 
     similar diseases, illnesses, or medical signs or symptoms, 
     and that such health conditions are related to their service. 
     Such an inquiry would be carried out for the following 
     purposes: To determine whether veterans with the particular 
     military service in question have the claimed health 
     conditions; to identify all veterans who had such service to 
     determine which veterans have such health conditions; and to 
     determine whether a presumption of service connection should 
     be established for such health conditions.
       Under this new authority, if the Secretary determines that 
     a presumption of service connection for any such health 
     condition should be established, the Secretary would be 
     required to prepare a proposal for establishing such a 
     presumption. The proposal would be required to include a 
     description of the particular military service involved, the 
     health condition at issue, the relevant medical 
     characteristics associated with the health condition, and a 
     statement of any limitations on the period for which the 
     Secretary proposes to pay compensation.
       After completion of the proposal, the Secretary would be 
     required to submit a report to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives, including 
     the proposal, as well as recommendations for legislation 
     concerning the establishment of the presumption and the 
     reasons for these recommendations.
       With specific respect to veterans of the Persian Gulf War, 
     section 2(c) of the Senate bill would require the Secretary 
     to report to the Committees, within 30 days of enactment of 
     the act, whether or not a presumption of service connection 
     should be established between service in the Southwest Asia 
     theater of operations and health conditions experienced by 
     Persian Gulf War veterans. If the Secretary determines that 
     such a presumption should be established, the Secretary, 
     pursuant to section 2(d) of the bill, would be required to 
     include in the report the elements of any report made under 
     the provisions of the new section 1112A and publish proposed 
     regulations relating to establishment of the presumption, 
     allowing 30 days for public notice and comment on the 
     proposed regulations. The Secretary would be required to 
     publish final regulations within 30 days following the 
     expiration of the public notice and comment period.
       Section 2(e) would set certain requirements for the 
     treatment of claims and compensation for Persian Gulf 
     veterans if based on a presumption of service connection 
     under the provisions of the Senate bill. First, an award of 
     compensation under the new regulations would not preclude 
     payment of retroactive benefits to a veteran with a claim 
     pending on the date of enactment of these provisions, if VA 
     later determines that the condition is service connected. 
     Second, the Secretary would be required to consider sending 
     all claims for compensation under the new regulations to one 
     regional office for adjudication for purposes of ensuring 
     consistency in rating decisions. Finally, VA would be 
     required to reopen and readjudicate any claims for service-
     connected disability compensation for a health condition 
     covered in the new regulations that were denied prior to 
     enactment of these provisions. These claims would be 
     considered original claims, and if compensation is eventually 
     awarded, the effective date of the award would be the date 
     the original claim was filed.
       Compromise agreement: Section 106 would amend title 38 to 
     add a new section 1117 which would provide the Secretary with 
     authority to pay compensation to any Persian Gulf veteran 
     suffering from a disability resulting from an undiagnosed 
     illness that became manifest during active duty in the 
     Southwest Asia theater of operations during the Persian Gulf 
     War or to a degree of 10 percent or more within a period to 
     be determined by the Secretary, based on a review of any 
     available credible medical or scientific evidence and a 
     review of the historic treatment afforded disabilities for 
     which manifestation periods have been established. The 
     Secretary also would be required to take into account other 
     pertinent circumstances regarding the experiences of Persian 
     Gulf veterans. The Secretary would be required to prescribe 
     regulations to implement this provision.
       New section 1117 would require the Secretary to include in 
     the regulations a specification of the manifestation period 
     of time following service in the Southwest Asia theater of 
     operations that the Secretary finds appropriate for a 
     presumption of service connection. In addition, the 
     regulations would have to include a description of the 
     particular military service involved, the illnesses for which 
     compensation may be paid, and the relevant medical 
     characteristics associated with each such illness.
       Section 106 also contains a freestanding provision that 
     would require the Secretary, within 60 days of enactment of 
     the act, to submit to the Committees on Veterans' Affairs of 
     the Senate and the House of Representatives a report 
     indicating whether or not the Secretary intends to pay 
     compensation under new section 1117. If the Secretary states 
     in the report to the Committees an intent to pay compensation 
     under new section 1117, the Secretary must publish proposed 
     regulations, as required by new section 1117, in the Federal 
     Register within 30 days of the date of the report.


evaluation of health status of spouses and children of Persian gulf war 
                                veterans

       Current law: Section 702 of Public Law 102-585 created a 
     Persian Gulf War Veterans Health Registry. Only veterans can 
     be included in this registry.
       House bill: No comparable provisions
       Senate bill: Section 5 of S. 2330 would authorize the 
     inclusion of up to 10,000 dependents in the Persian Gulf War 
     Veterans Health Registry. VA would be required to conduct 
     medical examinations and testing, consultation, and 
     counseling for the dependent of any veteran who is listed in 
     the registry if the veteran believes that the illness of any 
     family member is related to the veteran's service in the Gulf 
     War. The registry would also include information about 
     miscarriages and stillbirths.
       The Secretary would be required to determine the types of 
     medical examinations and tests that are appropriate in order 
     to determine the nature and extent of the connection, if any, 
     between the illness or disorder of the individual and the 
     illness of the veteran. These examinations are expected to be 
     similar to registry exams for Gulf War veterans. These tests 
     maybe provided by VA facilities or through contract with non-
     Department facilities.
       Compromise agreement: Section 107, which is derived from 
     the Senate provision, would require VA to conduct a pilot 
     study, whereby VA would develop an evaluation protocol and 
     guidelines for medical examinations, tests, and consultations 
     with dependents of Gulf War veterans. These procedures would 
     be restricted to those dependents whose illness, birth 
     defects, or other disorder cannot be disassociated from the 
     veterans' service in the Gulf War. There is no limit on the 
     number of dependents who could be included in the registry; 
     however, the number may be limited by the cost since the bill 
     authorizes $2 million for the pilot study from November 1, 
     1994 through September 30, 1996. It would authorize VA to pay 
     for the medical examinations, tests, and consultations 
     through contracts with non-VA facilities. In addition, 
     information provided by medical facilities that follow the VA 
     protocol or guidelines could also be included in the registry 
     even if the examinations and tests were not paid for by VA. 
     The compromise also includes a provision regarding outreach 
     to ensure that the maximum possible number of dependents 
     would be included in this research.
       The Committees expect that objective medical information on 
     miscarriages, stillbirths, and birth defects can be included 
     in the registry at minimum cost. The Committees also urge the 
     VA to ensure that the pilot study is administered in such a 
     way as to ensure that the medical information that is 
     collected is sufficiently uniform, accurate, and appropriate 
     to the goals of the study.
       The purpose of the pilot study is to ensure that the VA 
     conduct research on the illnesses of Gulf War veterans' 
     spouses and children, using an existing data base and 
     objective medical information. The VA is required to prepare 
     a report to Congress describing the results of the pilot 
     study, focusing on any information about the possible 
     transmission of diseases associated with the Gulf War.
       The Committees expect VA to use funds from the medical care 
     account for the medical examinations and tests, data 
     analysis, and administration of the pilot study.


  clarification of scope of health examinations provided for veterans 
          eligible for inclusion in health-related registries

       Current law: Under section 703 of the Persian Gulf War 
     Veterans' Health Status Act (Title VII of Public Law 102-
     585), VA is required to conduct medical examinations for any 
     veteran and the information from those exams must be included 
     in the Persian Gulf War Veterans' Health Registry.
       House bill: No comparable provision.
       Senate bill: Section 108 would clarify that the Persian 
     Gulf War Veterans' Health Registry includes diagnostic tests 
     in its definition of medical examinations.
       Compromise agreement: The compromise follows the Senate 
     provision.


                    survey of persian gulf veterans

       Current law: There is no authorization in current law for 
     VA to carry out a survey of Persian Gulf War veterans to 
     gather information about their health status.
       House bill: Section 8 of H.R. 4386 would require the 
     Secretary of VA, in coordination with the Secretary of 
     Defense, to carry out a survey of Gulf War veterans to gather 
     information about their health problems and the health 
     problems of family members.
       Senate bill: No comparable provision.
       Compromise agreement: Section 109 amends the House 
     provision, so that it authorizes the survey as described in 
     Section 8.
       The Committees note that under the National Defense 
     Authorization Act for FY 1995, Public Law 103-337, the 
     Department of Defense will be providing research grants for 
     non-Federal researchers to conduct similar research on Gulf 
     War veterans, and encourages VA to ensure that VA funded 
     research contributes unique information that will not be 
     available from DoD-funded research.


               authorization for epidemiological studies

       Current law: Section 722 of the National Defense 
     Authorization Act for FY 1995, Public Law 103-337, requires 
     the Department of Defense to provide research funds to non-
     Federal scientists to conduct an epidemiological study or 
     studies of U.S. service members and civilians who 
     participated in the Persian Gulf War, and their families.
       House bill: Section 9 of H.R.4386 would authorize VA to 
     conduct an epidemiological study or studies if such a study 
     is recommended by the National Academy of Sciences in the 
     report required by section 706(b) of the Veterans Health Care 
     Act of 1992 (Public Law 102-585).
       Senate bill: No comparable provision.
       Compromise agreement: Section 110 follows the House 
     provision.
       The Committees note that the National Defense Authorization 
     Act for FY 1995, Public Law 103-337, requires the Department 
     of Defense to provide research grants to non-Federal 
     researchers to conduct an epidemilogical study or studies of 
     Gulf War veterans and their families. The Committees 
     therefore encourage the VA to coordinate their research 
     efforts to ensure that any epidemiological research funded by 
     VA contributes unique information that will not be available 
     from DoD-funded research.


                         cost-saving provisions

       Current law: The Omnibus Budget Reconciliation Act of 1990 
     (OBRA 90), Public Law 101-508, amended section 3203 (new 
     section 5503) of title 38 to limit monthly VA pension 
     payments to $90 for Medicaid-eligible veterans with no 
     dependents who are in nursing homes. Previously, veterans 
     receiving nursing home care covered by Medicaid did not have 
     their pension benefits reduced; however, the amount of their 
     pension had to be applied toward the cost of the nursing home 
     care. No part of that $90 payment can be applied to the cost 
     of the veteran's nursing home care.
       Under OBRA 90, this provision was originally due to expire 
     September 30, 1992. The Veterans' Benefits Act of 1992 
     extended the provision through September 30, 1997, and added 
     a provision applying the limitation to payment of pension to 
     surviving spouses who have no dependents and are receiving 
     nursing home care covered by Medicaid. OBRA 93 extended the 
     provision through September 30, 1998.
       There is no comparable protection for any amount of 
     dependency and indemnity compensation (DIC) received by 
     surviving spouses in nursing homes participating in Medicaid. 
     The amount of their benefit payments, minus any amount 
     allowed by the State for personal use, is available to be 
     applied to the cost of their nursing home care.
       Section 1317 of title 38 prohibits any person eligible to 
     receive DIC based on a death after December 31, 1956, from 
     being eligible for death pension.
       There is no provision in current law which requires an 
     adjustment of the rates of compensation and DIC based on an 
     increase in the cost of living. However, Congress has passed 
     legislation providing for a cost-of-living adjustment in 
     these rates every year since 1976. With respect to 
     calculating the annual cost-of-living adjustment in the rates 
     of compensation and DIC, the Congressional Budget Office 
     budget baseline assumes normal rounding, under which 
     fractional dollar amounts of less than $0.50 are rounded down 
     and fractional dollar amounts of $0.50 and more are rounded 
     up.
       House bill: Section 11(a) of H.R. of H.R. 4386 would amend 
     section 1317 of title 38 to permit surviving spouses eligible 
     to receive DIC to elect to receive death pension under 
     chapter 15 in lieu of DIC. This would permit surviving 
     spouses who are in Medicaid-covered nursing homes and who 
     receive DIC to elect to receive death pension, in order to be 
     able to retain $90 of their monthly benefits.
       Section 11(b) of H.R. 4386 would provide that, with respect 
     to any cost-of-living adjustment in the rates of compensation 
     under chapter 11 and DIC under chapter 13 provided for fiscal 
     year 1995, all increased rates (other than those equal to a 
     whole dollar amount) must be rounded down to the next lower 
     dollar.
       Senate bill: No comparable provision.
       Compromise agreement: Section 111 follows the House bill.


          title ii--board of veterans' appeals administration

       Current law: Before 1990, members of the Board of Veterans' 
     Appeals (BVA) had received pay and benefits comparable those 
     received by Administrative Law Judges (ALJ's). However, the 
     Pay Act of 1990, Public Law 101-194, removed ALJ's from the 
     General Schedule, and thereby eliminated pay comparability 
     between BVA members and ALJ's.
       In 1988, Congress enacted the Veterans' Judicial Review Act 
     of 1988, Public Law 100-687, which changed Board members' 
     status (other than that of the Chairman) from permanent 
     appointments to 9-year terms, subject to the possibility of 
     reappointment. Under section 7101(b)(1) of title 38, the 
     Chairman is appointed by the President, with the advice and 
     consent of the Senate, for a term of 6 years.
       Currently, a member of the Board may be removed by the 
     Secretary, upon the recommendation of the Chairman. There are 
     no standards that govern removal or reappointment of members. 
     There is no statutory process for removal of a Board member. 
     However, section 7101(b) provides grounds under which the 
     President may remove the Chairman.
       House bill: Sections 301 through 303 of H.R. 4088 would 
     restore the pay comparability between members of BVA and 
     ALJ's and eliminate term limits for board members (other than 
     the Chairman). These provisions also would require the 
     Chairman to establish job performance standards, with the 
     approval of the Secretary, and would require that reviews be 
     conducted not less than every 3 years. If the Chairman 
     recommended that the member be noncertified, the Secretary 
     would establish a panel of non-BVA employees of the 
     Department or Federal employees from outside the Department, 
     or a combination of VA and other Federal employees, to review 
     the member's case.
       Senate bill: Sections 302 through 304 of S. 2325 would 
     restore the pay comparability between members of BVA and 
     ALJ's, eliminate term limits for Board of Veterans' Appeals 
     members (other than the Chairman), require the establishment 
     of a peer review panel to periodically review the performance 
     and fitness of Board members, and clarify that those BVA 
     members who hold appointments through the Senior Executive 
     Service (SES) retain their SES pay and status.
       Compromise agreement: Section 201 would amend title 38 to 
     add a new section 7101A which would eliminate term limits for 
     Board members other than the Chairman and provide that 
     members of the Board (other than the Chairman and Board 
     members who are members of the SES) would receive the same 
     basic pay as received by ALJ's (unless that would result in a 
     reduction in pay). The pay provision would be effective on 
     the first day of the first pay period beginning after 
     December 31, 1994.
       Under new section 7101A, the provisions for pay 
     comparability with ALJ's and the elimination of term limits 
     would be accompanied by new provisions instituting a system 
     for periodic job performance review and recertification of 
     members of the Board (other than the Chairman and any member 
     who is a member of the SES). Section 7101A would require the 
     Chairman to establish a panel, to include the Chairman and 
     two other members of the Board (other than the Vice 
     Chairman), that would conduct reviews of the job performance 
     of Board members. The membership of this panel (other than 
     the Chairman) would rotate among all members of the Board.
       Section 7101A also would require that the Chairman, with 
     the approval of the Secretary, establish job performance 
     standards for Board members (except the Chairman and Board 
     members who are members of the SES), which are to be 
     objective and fair criteria for the evaluation of job 
     performance. Section 202 would require that the job 
     performance standards be established not later than 90 days 
     after the enactment date of this act. This section also would 
     require that the Secretary submit a report describing these 
     standards to the Senate and House Committees on Veterans' 
     Affairs no later than the date on which these standards take 
     effect.
       Within 1 year after the establishment of the job 
     performance standards, section 7101A would require that the 
     panel complete a review of the job performance of each member 
     of the Board. Reviews would then have to be conducted and 
     completed at least once every 3 years thereafter. If the 
     panel determines that a Board member meets the performance 
     standards, the Chairman would recertify the Board member. If 
     a Board member does not meet the performance standards, the 
     Chairman would be required either to grant the Board member 
     conditional recertification or to recommend to the Secretary 
     that the member be noncertified. A conditional 
     recertification would require another review within 1 year 
     after the conditional recertification. If the Board member 
     does not meet the job performance standards after the period 
     of conditional recertification, the Chairman must recommend 
     to the Secretary that the member be noncertified.
       If the Chairman recommends to the Secretary that a member 
     be noncertified, either after a performance review or after a 
     period of a conditional recertification, the Secretary would 
     be authorized to grant a conditional recertification or 
     determine that the member should be noncertified. If the 
     Secretary grants a conditional recertification, the 
     performance review panel would review the member's job 
     performance within 1 year and if the member still does not 
     meet the standards, the Chairman would be required to 
     recommend to the Secretary that the member be noncertified.
       If the Secretary determines that the member should be 
     noncertified, the member's appointment would be terminated 
     and the member removed from the Board. Any Board member whose 
     appointment is terminated and who has a career or career-
     conditional employee in the civil service prior to service on 
     the Board would revert to the civil service grade and series 
     held prior to appointment to the Board.
       Section 7101A would require the Secretary to prescribe 
     procedures for carrying out the provisions of the section, 
     including the deadlines and time schedules for the actions 
     required.
       Section 203 would amend section 7101(b)(3) to specify that 
     if the position of Chairman were to become vacant upon the 
     expiration of the Chairman's term, the current Chairman would 
     be authorized, with the approval of the Secretary, to 
     continue to serve as Chairman until the Chairman is appointed 
     to another term or a new Chairman is appointed. However, this 
     section would provide that the Chairman would not be able to 
     continue to serve under this provision beyond the end of the 
     Congress during which the term of office expired.


                  title iii--adjudication improvements

        acceptance of certain documentation for claims purposes

           documents to be accepted as proof of relationships

       Current law: Until recently, VA's regulations did not allow 
     acceptance of photocopies of documents that were not 
     certified as evidence to show marriage, the annulment of a 
     marriage, birth, the relationship of a child to the veteran, 
     or death, or of any evidence from a foreign country (sections 
     3.202(c); 3.204(b) and (c); 3.205(a); 3.207(b); 3.209; 3.210; 
     and 3.211 of title 38, Code of Federal Regulations). A 
     photocopy could only be accepted if the original document 
     had been viewed by an authorized individual and was 
     certified as a true and exact copy of the original 
     document. This requirement of certification existed only 
     in VA's regulations; it was not a statutory requirement.
       On September 8, 1994, VA published interim regulations to 
     amend sections 3.202(c), 3.204(b) and (c), 3.205(a), 
     3.207(b), 3.209(a) and (b), 3.210(b) and (c), and 3.211(a) 
     and (d) of title 38, Code of Federal Regulations, to 
     implement the Secretary's decision to allow VA to accept 
     photocopies of documents necessary to establish marriage, the 
     annulment of a marriage, birth, the relationship of a child 
     to the veteran, or death, or of any evidence from a foreign 
     country for purposes of processing claims for VA benefits. 
     Under these regulations, VA would still have the authority to 
     request certified documentation in cases in which it is 
     questionable whether the photocopies are genuine and free 
     from alteration.
       House bill: Section 405(a) of H.R. 4088 would amend title 
     38 to add a new section 5124 which would provide that, for 
     purposes of determining eligibility for benefits, VA must 
     accept a written statement from a claimant as proof of 
     marriage, dissolution of a marriage, birth of a child, and 
     death of any family member. The Secretary would be authorized 
     to require the submission of documentation in support of the 
     claimant's statement if the claimant does not reside in a 
     State, or if the statement on its face raises a question as 
     to its validity.
       Senate bill: Section 202 of S. 1908 is a freestanding 
     provision that would allow VA to accept photocopies of 
     documents as proof of marriage, dissolution of marriage, 
     birth, or death for purposes of determining eligibility for 
     certain VA benefits. The Secretary would be authorized to 
     require the claimant to submit additional supporting 
     documentation if the document on its face raises a question 
     with respect to its validity, or if there is reasonable 
     indication of fraud or misrepresentation, in the document or 
     otherwise.
       Compromise agreement: Section 301(a) would amend title 38 
     to add a new section 5124 which would allow the Secretary to 
     accept a statement from the claimant as evidence of marriage, 
     dissolution of a marriage, birth of a child, or death of a 
     family member for purposes of VA benefits. The Secretary 
     would be authorized to require documentation in support of 
     the statement if the claimant does not reside in a State, if 
     the statement on its face raises a question as to its 
     validity, if there is conflicting information in the record, 
     or if there is reasonable indication of fraud or 
     misrepresentation in the document or otherwise.
       The Secretary is encouraged to exercise the authority 
     granted under this section to the maximum extent feasible.


              acceptance of private physician examinations

       Current law: Currently, under section 3.326 of title 38, 
     Code of Federal Regulations (as amended by 59 Fed. Reg. 35851 
     (July 14, 1994)), VA generally requires a VA examination for 
     purposes of determining eligibility for disability benefits. 
     However, section 3.326(d) permits VA to accept the statement 
     of a private physician in the following cases: (1) A claim 
     for increased compensation due to an increase in the severity 
     of a service-connected disability or due to the need of the 
     veterans' spouse for aid and attendance; (2) a veteran's 
     pension claim, including a claim for housebound or aid and 
     attendance benefits; (3) a surviving spouse's claim for 
     housebound or aid and attendance benefits; (4) a surviving 
     parent's claim for aid and attendance benefits; or (5) a 
     claim by or on behalf of a child who is permanently incapable 
     of self-support.
       House bill: Section 405(b) of H.R. 4088 would amend title 
     38 to add a new section 5125 which would require VA to accept 
     the medical examination report of a private physician in 
     support of a claim for benefits, without further examination 
     by a physician employed by the Veterans Health 
     Administration, if the report is sufficiently complete to be 
     adequate for disability rating purposes.
       Senate bill: Section 203 of S. 1908 is a freestanding 
     provision which would allow VA to accept the medical 
     examination report of a private physician in support of a 
     claim for disability compensation or pension. Under this 
     provision, a private physician's report would be required to 
     contain sufficient clinical data to support the diagnosis or 
     provide a reliable basis for a disability rating.
       Compromise agreement: Section 301(b) would amend title 38 
     to add a new section 5125 which would allow the Secretary to 
     accept the medical examination report of a private physician 
     in support of any claim for VA compensation or pension, 
     without a requirement for confirmation by an examination by a 
     VA physician, if the report is sufficiently complete to be 
     adequate for purposes of adjudicating the claim.
       It is the express intention of the House and Senate 
     Committees on Veterans' Affairs that, to the maximum extent 
     feasible, the Secretary exercise the authority provided under 
     this section as being in the best interest of veterans in 
     furthering the timely adjudication of their claims for 
     compensation by reducing the need for duplicative medical 
     examinations by VA physicians.


                 expedited treatment of remanded claims

       Current law: Section 7101 of title 38 provides that appeals 
     to the Board of Veterans' Appeals (BVA) will be considered 
     and decided in order according to their docket number. There 
     is no statutory requirement government governing the 
     treatment of claims on remand to the Board from the Court of 
     Veterans Appeals or to regional offices from the Board.
       House bill: Section 406 of H.R. 4088 is a freestanding 
     provision that would require the Secretary to take such 
     actions as may be necessary to provide that claims remanded 
     by the BVA to regional offices or by the Court of Veterans 
     Appeals to the Board be treated expeditiously.
       Senate bill: No comparable provision.
       Compromise agreement: Section 302 follows the House bill.


                          screening of appeals

       Current law: Under section 7107 of title 38, appeals are 
     considered and decided in order according to their docket 
     numbers.
       House bill: Section 407 of H.R. 4088 would amend section 
     7107 to permit the Board to screen cases on appeal at any 
     point in the decision process (a) to determine whether the 
     record is adequate for decisional purposes or (b) for the 
     development or attempted development of a record that is 
     inadequate for decisional purposes.
       Senate bill: No Comparable provision.
       Compromise agreement: Section 303 follows the House bill.


 report on feasibility of reorganization of adjudication divisions in 
                          vba regional offices

       Current law: Currently, the administration of VA's 
     compensation and pension programs is carried out in the 58 
     regional offices of the Veterans Benefits Administration, 
     located in the 50 states, the District of Columbia, Puerto 
     Rico, and the Republic of the Philippines. Each of these 
     offices, except one, has an adjudication division.
       House bill: Section 402 of H.R. 4088 would require the 
     Secretary of Veterans Affairs to submit to the House and 
     Senate Committees on Veterans' Affairs, within 180 days of 
     enactment of this act, a report addressing the feasibility 
     and impact of a reorganization of VA claims adjudication 
     divisions to a number of such divisions that would result in 
     improved efficiency in the processing of claims.
       Senate bill: No Comparable provision.
       Compromise agreement: Section 304 follows the House bill.


           title iv--veterans' claims adjudication commission

       Current law: There is no provision in current law relating 
     to a study of VA's system for adjudicating claims for 
     benefits.
       House bill: No comparable provision.
       Senate bill: Section 101 of S. 1908 is a freestanding 
     provision that would require an independent, comprehensive 
     18-month study by the Administrative Conference of the United 
     States of VA's system for adjudicating benefit claims at the 
     regional office level and the appellate process at the Board 
     of Veterans' Appeals (BVA).
       The purpose of the study would be to evaluate the entire 
     adjudication system in order to determine the efficiency of 
     its processes an procedures, including the impact of judicial 
     review on the system, means for reducing the backlog of 
     pending cases in the system, and means for improving 
     timeliness and quality of the claims process.
       The study would be required to contain an evaluation and 
     assessment of the entire claims adjudication system, 
     including its historical development and the effect that the 
     Veterans' Judicial Review Act of 1988 has had on the system; 
     how claims are prepared and submitted; the procedures that 
     exist for processing claims; the participation of attorney 
     and nonattorney advocates in the system; VA's efforts to 
     modernize its information management system; the impact of 
     work performance standards at all levels of the claims 
     process; the extent of implementation of the recommendations 
     of the Blue Ribbon Panel on Claims Processing; the 
     application of pilot programs initiated in regional offices; 
     and the effectiveness of quality control and assurance 
     practices.
       In the course of its evaluation and study, ACUS would be 
     required to consult with representatives of veterans service 
     organizations and other organizations and entities 
     representing veterans before VA, to include individuals who 
     furnish such representation.
       No later than 90 days following the enactment date of the 
     legislation, VA would be required to provide ACUS and the 
     Senate and House Committees on Veterans' Affairs with 
     information deemed necessary by the chairman of ACUS for 
     purposes of conducting the study, including specific 
     statistical information concerning the adjudication of claims 
     during the 5-year period October 1, 1988, through September 
     30, 1993.
       Within 1 year after the date of enactment, ACUS would be 
     required to submit to the Secretary and the Committees a 
     preliminary report on the study. This preliminary report 
     would contain the initial findings and conclusions of ACUS 
     regarding the evaluation and assessment required. The 
     preliminary report would not be required to include any 
     recommendations for improving the system.
       Within 18 months following enactment, ACUS would be 
     required to submit a full report on its study to the 
     Secretary and the Committees. The report would include: (1) 
     The findings and conclusions of ACUS with respect to the 
     study; (2) the recommendations of ACUS for improving the VA 
     adjudication system; and (3) any other information and 
     recommendations concerning the system that ACUS deems 
     appropriate.
       An appropriation of $150,000 would be authorized to VA for 
     payment to ACUS for the costs associated with conducting the 
     study and completing the report to be submitted to the 
     Secretary and the Committees.
       Compromise agreement: Title IV would require the 
     establishment of an independent commission to study VA's 
     system for the disposition of claims for benefits, both at 
     the regional office level and at the Board of Veterans' 
     Appeals. Section 401 would require that the commission be 
     composed of nine members, all to be appointed by the 
     Secretary of Veterans Affairs by February 1, 1995. The 
     membership of the commission would be required to be composed 
     of the following: One member who is a former VA official; two 
     members from the private sector who have expertise in the 
     adjudication of claims relating to insurance or similar 
     benefits; two members who are employed in the Federal 
     Government, outside VA, who have expertise in the 
     adjudication of claims for Federal benefits other than VA 
     benefits; two members who are representatives of veterans 
     service organizations; one member recommended by the American 
     Bar Association or a similar private organization who has 
     expertise in administrative law issues; and one member who 
     currently is a VA official.
       Section 401 also would require that the commission hold its 
     first meeting within 30 days after the last of the members 
     has been appointed. Meetings would take place at the call of 
     the chairman. The Secretary would be required to designate a 
     member of the commission, other than the member who is a 
     current official of the Department, to be the chairman.
       Section 402(b), regarding the purposes of the study, is 
     generally similar to section 101(b) of the Senate bill.
       Section 402(c), regarding the contents of the study, is 
     substantively similar to section 101(c) of the Senate bill. 
     This section would require that the study consist of a 
     comprehensive evaluation and assessment of VA's system for 
     the disposition of claims and benefits delivery and any 
     related issues the commission determines are relevant to such 
     a study. However, section 402(c) would not include a specific 
     requirement that the commission evaluate the historical 
     development of the system and the effect that the Veterans' 
     Judicial Review Act of 1988 has had on the system.
       Section 402(d) would require the Secretary to submit to the 
     commission and the Committees on Veterans' Affairs any 
     information which the Chairman has determined necessary to 
     carry out the study, not later than 30 days from the date on 
     which the Chairman makes a request for such information.
       Section 402(e), regarding the contents and timing of the 
     preliminary and final reports required of the commission, is 
     identical to section 101(f) of the Senate bill, requiring a 
     preliminary report within 1 year of enactment of the act and 
     a final report within 18 months of enactment.
       Section 407 would authorize that $400,000 be made available 
     from amounts appropriated to VA for fiscal year 1995 for the 
     payment of compensation and pension for the activities of the 
     commission.


           title v--miscellaneous benefits-related provisions

  restatement of intent of congress concerning coverage of radiation-
               exposed veterans compensation act of 1988

                       radiation risk activities

       Current law: The Radiation-Exposed Veterans Compensation 
     Act of 1988, Public Law 100-321, enacted on May 1, 1988, 
     added a subsection (c) to section 1112 of title 38 which 
     established a presumption of service connection for 13 
     cancers suffered by veterans who participated in a 
     ``radiation risk activity,'' defined as participation in an 
     atmospheric test of nuclear devices, involvement in the 
     occupation of Hiroshima and Nagasaki following World War II, 
     or internment as a prisoner of war in Japan during World War 
     II that might have resulted in exposure comparable to the 
     occupation forces. Two additional cancers were added to this 
     subsection by Public Law 102-578. On September 8, 1994, the 
     Secretary published in the Federal Register a proposed 
     amendment to section 3.309(d), Code of Federal Regulations, 
     which would extend the presumption of service connection, and 
     therefore eligibility for compensation, to U.S. veterans who 
     participated in atmospheric nuclear tests conducted by Allied 
     Governments.
       House bill: Section 501(a) of H.R. 4088 would amend section 
     1112(c) of title 38 to clarify that participation in 
     atmospheric testing of nuclear devices includes non-U.S. 
     tests. The effective date of the amendment would be May 1, 
     1988, the date of enactment of Public Law 100-321.
       Senate bill: No comparable provision.
       Compromise agreement: Section 501(a) follows the House 
     bill, except that the effective date of the amendment would 
     be the date of enactment of the act.


  service connection for certain disabilities relating to exposure to 
                           ionizing radiation

       Current law: The ``Veterans' Dioxin and Radiation Exposure 
     Compensation Standards Act,'' Public Law 98-542, required VA 
     to establish standards for adjudicating claims based on 
     exposure to Agent Orange and radiation. VA adopted 
     regulations for those claims in sections 3.311a and 3.311b of 
     title 38, Code of Federal Regulations.
       The United States Court of Veterans Appeals in Combee v. 
     Principi, 4 Vet. App. 78 (1993), held that a veteran may not 
     establish direct service connection for a disability based on 
     radiation exposure unless the disability is on VA's 
     regulatory list of ``radiogenic diseases'' issued pursuant to 
     Public Law 98-542. The essence of the Court's decision was 
     that by establishing a process in Public Law 98-542 relating 
     to claims based on radiation exposure, Congress repealed the 
     general compensation law as to such claims. This decision was 
     reversed by the United States Court of Appeals for the 
     Federal Circuit in Combee v. Brown, No. 93-7101 (Fed. Cir. 
     Sept. 1, 1994).
       At a March 24, 1994, hearing of the Senate Committee on 
     Veterans' Affairs on this bill and other pending legislation, 
     Under Secretary for Benefits R. John Vogel announced 
     Secretary Brown's intention to publish a proposed amendment 
     to the regulation to ``permit a veteran to establish direct 
     service connection for disability resulting from a disease 
     claimed to be caused by radiation exposure even if that 
     disease is not included in the list of diseases VA already 
     recognizes as radiogenic.'' As of the date of passage of this 
     legislation, VA has not published a proposed regulation to 
     implement this change.
       House bill: Section 501(b)(1) of H.R. 4088 would amend 
     section 1113(b) of title 38, which provides that the 
     provisions of law governing statutory presumptions may not be 
     construed to prevent the establishment of service connection 
     on a direct basis. The amendment would add a reference to the 
     provisions of Public Law 98-542 to the provisions governing 
     statutory presumptions, thereby affirming a claimant's right 
     to attempt to establish direct service connection for a 
     disability associated with exposure to ionizing radiation. 
     This section applies to claims submitted after the date of 
     enactment.
       Senate bill: Section 301 of S. 1908 has the same intent as 
     the House provision, but accomplished that goal through a 
     proposed amendment to Public Law 98-542 in order to clarify 
     Congress' intent in enacting the law. The amendment to Public 
     Law 98-542 would add a new section, specifying that the 
     regulations adopted by VA under the statute may not prohibit 
     a veteran who served during an eligible period of service 
     from establishing direct service connection for a disease or 
     disability based on exposure to radiation, even though the 
     veteran's condition is not considered by VA to be a 
     ``radiogenic disease.''
       Compromise agreement: Section 501(b) follows the House 
     bill.


 extension of authority to maintain regional office in the philippines

       Current law: Under section 315(b) of title 38, the 
     Secretary currently has the authority to maintain a regional 
     office in the Republic of the Philippines until December 31, 
     1994.
       House bill: Section 502 of H.R. 4088 would extend the 
     Secretary's authority to maintain the regional office in the 
     Republic of the Philippines until December 31, 1999.
       Senate bill: No comparable provision.
       Compromise agreement: Section 502 follows the House bill.


                     renouncement of benefit rights

       Current law: Under section 5306 of title 38, if a claimant 
     renounces his or her right to VA pension, compensation, or 
     dependency and indemnity compensation, and subsequently 
     reapplies, the new claim is treated as an original claim. 
     Therefore, for purposes of any income-based program (pension 
     or parents' DIC), only prospective income may be considered 
     in determining the claimant's eligibility.
       House bill: Section 503 of H.R. 4088 would amend section 
     5306 to provide that an application filed for non-service-
     connected pension under chapter 15 of title 38, or parents' 
     DIC under chapter 13 of title 38, made within 1 year of a 
     renouncement of such benefits, will not be treated as an 
     original claim and benefits will be paid as though the 
     renouncement had not occurred.
       Senate bill: No comparable provision.
       Compromise agreement: Section 503 follows the House 
     provision.


    clarification of payment of attorney fees under contingent fee 
                               agreements

       Current law: Under section 5904(d) of title 38, an attorney 
     otherwise authorized to collect a fee for representation in a 
     VA case may receive payment for such representation directly 
     from VA out of a retroactive benefit award, provided that the 
     total fee not exceed 20 percent of the amount of any past-due 
     benefits awarded to the appellant, and provided that the fee 
     is contingent upon whether or not the claim is ultimately 
     resolved in favor of the appellant.
       House bill: No comparable provision.
       Senate bill: Section 4 of S. 1546 would amend 5904(d) to 
     clarify that an attorney may receive payment for 
     representation in proceedings before VA or the Court of 
     Veterans Appeals directly from VA out of a retroactive 
     benefit only if the total amount of the fee is contingent 
     upon the claim being resolved in favor of the appellant.
       Compromise agreement: Section 504 follows the Senate bill.


      codification herbicide-exposure presump- tions established 
                            administratively

       Current law: The Agent Orange Act of 1991, Public Law 102-
     4, enacted on February 6, 1991, established a statutory 
     presumption of service connection for three conditions 
     resulting from exposure to herbicides in the Republic of 
     Vietnam during the Vietnam era: chloracne, soft-tissue 
     sarcoma, and non-Hodgkins lymphoma. In addition, the act 
     required VA to contract with the National Academy of Sciences 
     for a review of the scientific literature on the health 
     effects of exposure to herbicides. NAS was required to report 
     its findings to the Secretary, who then was required to 
     decide whether presumptions of service connection should be 
     established for any of the conditions considered by NAS. In 
     1993, following the submission by NAS of the first report 
     under the act, the Secretary announced decisions to add to 
     the presumptive list Hodgkins disease, porphyria cutanea 
     tarda, respiratory cancers (lung, trachea, bronchus, and 
     larynx), and multiple myeloma. VA has finalized 
     regulations to implement these decisions, found in section 
     3.309(e) of title 38, Code of Federal Regulations.
       House bill: Section 201 of H.R. 4088 would amend section 
     1116 of title 38 to codify the presumptions of service 
     connection based on exposure to herbicides for Hodgkin's 
     disease, porphyria cutanea tarda, respiratory cancers (lung, 
     trachea, bronchus, and larynx), and multiple myeloma 
     established administratively by the Secretary.
       Senate bill: No comparable provision.
       Compromise agreement: Section 505 follows the House bill.


  treatment of certain income of alaska natives for purposes of needs-
                             based benefits

       Current law: Under current law, VA pays disability pension 
     to non-service-connected wartime veterans whose annual 
     incomes fall below levels specified in section 1521 of title 
     38 and who meet other qualifying criteria specified by 
     statute. For purposes of computing annual income (and, thus, 
     determining eligibility for pension and the amount of 
     benefits paid), VA takes into account ``all payments of any 
     kind or from any source'' received by the veteran, except as 
     specified in section 1503 of title 38, or as otherwise 
     excepted by law.
       The Alaska Natives Claims Settlement Act, Public Law 92-
     203, codified at 43 U.S.C. section 1601 et seq. (ANCSA), sets 
     forth the provisions under which the aboriginal land claims 
     of Alaska's Native peoples were settled. ANCSA authorized the 
     creation of 12 Native-owned and -operated regional 
     corporations to administer assets transferred under the act 
     for the benefit of Alaska Native shareholders. These 
     corporations continue to exist today, and they distribute 
     funds received in settlement of Native land claims and funds 
     generated from corporate earnings to Native village 
     corporations and to Alaska Native shareholders.
       House bill: No comparable provision.
       Senate bill: Section 5 of S. 1626 would amend section 
     1503(a) by adding a new paragraph (11), to exclude payments 
     received from Alaska Native corporations under ANCSA from the 
     calculation of income for purposes of determining eligibility 
     for VA pension, but only to the extent that these payments 
     are excluded for purposes of other means-tested Federal 
     benefits programs as specified in ANCSA.
       Compromise agreement: Section 506 would establish a 
     freestanding provision of law which reflects the intent of 
     the Senate bill.


     elimination of requirement for payment of certain benefits in 
                            philippine pesos

       Current law: Sections 107, 3532(d) and 3565(b)(1) of title 
     38, provide that VA benefits paid to certain eligible 
     veterans in the Republic of the Philippines will be paid in 
     Philippine pesos.
       House bill: No comparable provision.
       Senate bill: Section 402 of S. 2325 would amend sections 
     107, 3532(d), and 3565(b)(1) of title 38 to eliminate the 
     requirement that certain VA benefits paid to eligible 
     veterans in the Republic of the Philippines be paid in pesos, 
     thereby allowing VA to issue regulations in order to comply 
     with the requests of the Departments of State and Treasury 
     that such restrictions be eliminated.
       Compromise agreement: Section 507 follows the Senate bill.


 study of health consequences for family members of atomic veterans of 
           exposure of atomic veterans to ionizing radiation

       Current law: There is no provision in current law relating 
     to a study of the family members of atomic veterans.
       House bill: No comparable provision.
       Senate bill: Section 401 of S. 2325 would require the VA to 
     enter into a contract with the Medical Follow-up Agency of 
     the National Academy of Sciences, or a similar research 
     entity, to convene an expert panel to determine the 
     feasibility of a study of reproductive problems among atomic 
     veterans. MFUA would be required to convene the panel and 
     report their findings to Congress within 180 days. If MFUA 
     concludes that such a study would be feasible, VA would be 
     required to seek to enter into a contract with MFUA or a 
     similar research entity to conduct such a study.
       Compromise agreement: Section 509 is derived from the 
     Senate provision but would delete the authorization for the 
     research project itself, while maintaining the requirement 
     that VA enter into a contract with MFUA to convene an expert 
     panel to determine the feasibility of such research.


       center for minority veterans and center for women veterans

       Current law: Section 317 of title 38 requires the Secretary 
     to designate one Assistant Secretary as VA's Chief Minority 
     Affairs Officer (CMAO) with overall responsibility for 
     assessing the needs of minority and women veterans, and for 
     evaluating VA policies, regulations, programs, and other 
     activities as they affect such veterans. Section 542 of title 
     38 establishes a VA Advisory Committee on Women Veterans and 
     requires that the Committee consist of representatives of 
     women veterans, experts in fields pertinent to the needs of 
     women veterans, and representatives of both male and female 
     veterans with service-connected disabilities.
       House bill: H.R. 3013 would add a new section to Chapter 3 
     of title 38 to (a) establish a Center for Women Veterans in 
     the Department of Veterans Affairs; (b) provide that the 
     Director of the Center would report directly to the Secretary 
     or the Deputy Secretary concerning the activities of the 
     Center; (c) specify the functions for which the Director 
     would be responsible; (d) require the Secretary to ensure 
     that the Director is furnished with sufficient resources in 
     order to carry out the functions of the Center in a timely 
     manner; and (e) require that VA's documents regarding the 
     budget include information about the Center.
       Senate bill: S. 2429 would (a) create an Office for 
     Minority Veterans which is similar in structure and purpose 
     to the Center for Women Veterans in the House bill, in order 
     to assist minority veterans; (b) establish an Advisory 
     Committee on Minority Veterans; (c) designate a minority 
     veterans representative at each VA facility; (d) create an 
     Office for Women Veterans, which is substantively identical 
     to the Center for Women Veterans established in the House 
     bill; and (e) require that a representative of women veterans 
     who have served in combat and a representative of those who 
     have not served in combat serve on the Advisory Committee on 
     Women Veterans.
       Compromise agreement: Section 509 contains provisions 
     derived from the House bill and the Senate bill which would 
     establish a Center for Minority Veterans and a Center for 
     Women Veterans.


                advisory committee on minority veterans

       Current law: There is no current law regarding the 
     establishment of a VA Advisory Committee for Minority 
     Veterans.
       House bill: No comparable provision.
       Senate bill: Section 2 of S. 2429 would (a) require the 
     Secretary to establish an Advisory Committee for Minority 
     Veterans; (b) require the Committee membership to represent 
     certain groups relating to minority veterans; and (c) require 
     the Committee to submit a report to the Secretary, not later 
     than July 1 of each even-numbered year, which assesses the 
     needs of and programs for minority veterans, and require the 
     Secretary to share this report with Congress.
       Compromise agreement: Section 510 follows the Senate bill, 
     except that the statutory requirement to have an Advisory 
     Committee for Minority Veterans would be for a period of 
     three years.


     mailing of notices of appeal to the court of veterans appeals

       Current law: Under section 7266 of title 38, in order to 
     obtain review of a final BVA decision by the United States 
     Court of Veterans Appeals, an appellant must file a notice of 
     appeal with the Court within 120 days after the date on which 
     the notice of the BVA decision is mailed under section 
     7104(e). The Court implemented this statutory provision 
     through adoption of Rule 4 of the Court's Rules of Practice 
     and Procedure, which requires that a notice of appeal must 
     actually be received by the Court within the statutory time 
     limit in order to be timely filed. In a series of decisions, 
     the Court has dismissed for lack of jurisdiction appeals that 
     were mailed before, but received by the Court after, the 120-
     day limit had expired. (See, e.g., DiDonato v. Derwinski, 2 
     Vet.App. 42 (1991)).
       Rule of the Court's Rules of Practice and Procedure also 
     allows the filing of a notice of appeal by ``facsimile or 
     other printed electronic transmission.''
       House bill: No comparable provision.
       Senate bill: Section 3 of the S. 1546 would amend section 
     7266(a) of title 38 to require that a notice of appeal be 
     deemed received by the Court on the date it is postmarked, if 
     it is mailed. Only legible United States Postal Service 
     postmarks would be sufficient. The Court's determination as 
     to the legibility of a postmark would be final and not 
     subject to review by any other court.
       Under amended section 7266(a), if a notice of appeal is 
     delivered to the Court (for example, by private courier or 
     delivery service), it would be considered timely filed if it 
     is received by the Court within the 120-day limit established 
     by Congress.
       Section 3(b) of the Senate bill would provide that the 
     effective date of the amendment to section 7266(a) would be 
     the date of the enactment of the act and would apply only to 
     notices of appeal delivered or mailed to the Court on or 
     after that date.
       Compromise agreement: Section 511 follows the Senate bill, 
     except that it also would require specifically that the 
     notice of appeal be properly addressed to the Court.


               title vi--education and training programs

                            flight training

       Current law: Sections 3034(d) and 3241(b) of title 38, and 
     Section 2136(c) of title 10, allow eligible persons to use VA 
     educational benefits for approved programs of vocational 
     flight training commencing before October 1, 1994.
       House bill: Section 2 of H.R. 4768 would establish 
     vocational flight training as a permanent program under 
     chapters 30 and 32 of title 38, and chapter 106 of title 10.
       Senate bill: Section 1 of S. 2094 is substantively 
     identical to the House provision, except that the Senate bill 
     specifies that the provision would take effect on October 1, 
     1994.
       Compromise agreement: Section 601 follows the Senate bill.


    training and rehabilitation for veterans with service-connected 
                              disabilities

       Current law: Section 3115 of title 38 authorizes vocational 
     rehabilitation programs providing training or work experience 
     for service-disabled veterans to be implemented through 
     Federal, State, City, and local governments.
       House bill: Section 3 of H.R. 4768 authorizes the use of 
     Indian reservations for the purposes of section 3115 of title 
     38, in order to allow eligible veterans to participate in 
     non-pay programs of on-the-job training on Indian 
     reservations.
       Senate bill: No comparable provision.
       Compromise agreement: Section 602 follows the House bill.


               alternative teacher certification programs

       Current law: Section 3452(c) of title 38 defines the term 
     ``educational institution'' for the purposes of chapters 34 
     and 36 of title 38.
       House bill: Section 4 of H.R. 4768 would add to the 
     definition of the term ``educational institution'' as 
     described in section 3452(c), for the purposes of chapters 34 
     and 36, entities which provide training required for 
     completion of any State-approved alternative teacher 
     certification program as determined by the Secretary, 
     effective upon enactment for the period ending September 30, 
     1996.
       Senate bill: No comparable provision.
       Compromise agreement: Section 603 follows the House bill.


                  education outside the united states

       Current law: Section 3476 of title 38 denies education 
     benefits to eligible individuals who pursue a course of 
     education not in a State unless that course is pursued at an 
     approved institution of higher learning and the course is 
     approved by the Secretary.
       House bill: Section 5 of H.R. 4768 would amend section 3476 
     to remove the requirement that courses offered by approved 
     foreign universities and colleges be located at the site of 
     the approved institution in order for such courses to be 
     eligible for approval by the Secretary.
       Senate bill: No comparable provision.
       Compromise agreement: section 604 follows the House bill.


                         correspondence courses

       Current law: Section 3672 of title 38 does not specifically 
     address the requirements for approval of correspondence or 
     combination correspondence-residence programs or courses.
       House bill: Section 6 of H.R. 4768 would add to section 
     3672 of title 38 a provision requiring that a correspondence 
     program or combination correspondence-residence course is 
     eligible for approval by State Approving Agencies only if the 
     educational institution offering such program or course is 
     accredited by an agency recognized by the Secretary of 
     Education. This section would also add a provision to section 
     3672 requiring that no less than 50 percent of the graduates 
     of any such program or course take a minimum of 6 months to 
     complete the program or course.
       Senate bill: No comparable provision.
       Compromise agreement: Section 605 follows the House bill 
     except that the word ``agency'' is changed to ``entity.''


                        state approving agencies

       Current law: Section 3674(a)(4) of title 38, relating to 
     payments by VA to State and local agencies for reasonable 
     expenses associated with approval of courses of education, 
     limits the total amount made available under that section to 
     $12,000,000 per fiscal year. Section 3674(a)(3) requires the 
     Secretary to functionally supervise course approval services.
       House bill: Section 7 of H.R. 4768 would amend section 
     3674(a)(4) to increase the maximum amount available under the 
     section to $13,000,000 per fiscal year, and would strike 
     sections 3674(a)(3)(B) and 3674A(a)(3), thereby eliminating 
     the reporting and supervision requirements contained therein.
       Senate bill: No comparable provision.
       Compromise agreement: Section 606 follows the House bill.


                         measurement of courses

       Current law: Under Section 3688(b) of title 38, the 
     Secretary defines full and part-time training for purposes of 
     courses pursued under chapters 30, 32, 35, or 36,
       House bill: Section 8 of H.R. 4768 would add chapter 106 of 
     title 10 to the sources of educational and training benefits 
     for which the Secretary will define full and part-time 
     training.
       Senate bill: No comparable provision.
       Compromise agreement: Section 607 follows the House bill.


               veterans' advisory committee on education

       Current law: Section 3692 of title 38 establishes a 
     Veterans' Advisory Committee on Education which shall remain 
     in existence until December 31, 1994. The Secretary is 
     required to consult with and seek the advice of the 
     committee with respect to the administration of chapters 
     30, 32, 34, 35, and 36 of title 38.
       House bill: Section 9 of H.R. 4768 would extend the 
     Advisory Committee until December 31, 2003, and make 
     technical changes to the Committee's mandate.
       Senate bill: No comparable provision.
       Compromise agreement: Section 608 follows the House bill.


             contract educational and vocational counseling

       Current law: Section 3697(b) of title 38 limits payments 
     made under section 3697 for contractual educational and 
     vocational counseling services to $5,000,000 in any fiscal 
     year.
       House bill: Section 10 of H.R. 4768 would amend section 
     3697(b) to raise the payment limitation to ``$6,000,000,'' 
     effective October 1, 1994.
       Senate bill: No comparable provision.
       Compromise agreement: Section 609 follows the House bill.


    service members occupational conversion and training act of 1992

       Current law: The Service Members Occupational Conversion 
     and Training Act (SMOCTA), enacted by Public Law 102-484, 
     authorizes payment of a subsidy to employers who train 
     recently separated service members who are unemployed, whose 
     military skills do not transfer to the civilian job market, 
     or who are disabled. The subsidy is 50 percent of the 
     starting training wage payable over a period of 18 months up 
     to a maximum of $10,000 ($12,000 for disabled veterans). 
     Under current law, the 18-month limitation on payment of the 
     subsidy is phrased in terms of an 18-month limit on the 
     period of training.
       House bill: Section 11 of H.R. 4768 would allow the 
     employer and veteran to agree to a training program that 
     lasts longer than 18 months, but with no payment of a subsidy 
     for the extended training period. The provision would also: 
     (a) Clarify that the requirement in current law that 
     employers pay a comparable wage refers to wages paid in the 
     community where the veteran is being trained; (b) clarify 
     that payment of the subsidy is limited to an 18-month period, 
     or the equivalent where the length of a training program is 
     calculated in hours; (c) amend the requirement that a portion 
     of the reimbursement be retained until the 4th month of the 
     veteran's employment by also permitting payment 4 months 
     after completion of the 18th month of training, whichever is 
     earlier; (d) allow a trainee to switch into an alternative 
     approved training program with the employer; and (e) permit 
     an eligible veteran to begin an approved training program on 
     the date that the notice of approval is transmitted.
       Senate bill: Section 2 of S. 2094 is substantively 
     identical to the House provision, except that: (a) The amount 
     of payment an employer may receive would be measured in the 
     number of hours equivalent to 18 months, rather than in 
     months; (b) the provision for retaining a portion of the 
     reimbursement until the fourth month of employment would not 
     be changed; (c) and the limit on assistance paid to employers 
     would include amounts received but not amounts due.
       Compromise agreement: Section 610 follows the House bill 
     except that it includes the Senate provision which measures 
     the amount of payment an employer may receive in the number 
     of hours equivalent to 18 months.


                     title vii--employment programs

                job counseling, training, and placement

   deputy assistant secretary of labor for veterans' employment and 
                                training

       Current law: There is no provision in law for a Deputy 
     Assistant Secretary for Veterans' Employment and Training.
       House bill: Section 2(a) of H.R. 4776 provides that there 
     shall be a Deputy Assistant Secretary of Labor for Veterans' 
     Employment and Training who shall perform such duties as the 
     Assistant Secretary of Labor for Veterans' Employment and 
     Training prescribes, that the position shall be a career 
     position, and that the Deputy Assistant Secretary shall be a 
     veteran.
       Senate bill: No comparable provision.
       Compromise agreement: Section 701(a) follows the House 
     provision, except that the Deputy Assistant Secretary for 
     Veterans' Employment and Training shall not be a career 
     position.


                  dvop specialists' compensation rates

       Current law: Section 4103A(a)(1) of title 38 provides that 
     compensation for disabled veterans' outreach program (DVOP) 
     specialists shall be set at a rate not less than the rate 
     prescribed for an entry level professional in the State 
     Government of the State in which the DVOP is employed.
       House bill: Section 2(b) of H.R. 4776 would require 
     compensation for DVOP's to be set at rates comparable to 
     those paid other professionals in the State Government.
       Senate bill: No comparable provision.
       Compromise agreement: Section 701(b) follows the House 
     provision with an addition providing that compensation shall 
     be set at rates comparable to those paid other professionals 
     performing essentially similar duties.


                       special unemployment study

       Current law: Section 4110A requires the Secretary, through 
     the Bureau of Labor Statistics, to conduct a biennial study 
     of unemployment among special disabled veterans and veterans 
     who served in the Vietnam theater of operations during the 
     Vietnam era.
       House bill: Section 2(c) of H.R. 4776 expands the scope of 
     the study to include veterans who served after the Vietnam 
     era and veterans discharged or released from active duty 
     within the 4 years prior to the study, and requires that 
     information regarding women veterans shall be compiled for 
     each category.
       Senate bill: No comparable provision.
       Compromise agreement: Section 701(c) provides that the 
     scope of the study shall be expanded to include veterans of 
     the Vietnam era who served outside of the theater of 
     operations, veterans who served after the Vietnam era, and 
     veterans discharged or released from active duty within the 4 
     years prior to the study. It requires that, for each of the 
     classifications of veterans, there shall be a category for 
     women veterans.
       The Committees recognize that the Bureau of Labor 
     Statistics uses a survey methodology that produces a small 
     sample size for women veterans.


                  employment and training of veterans

                           federal contracts

       Current law: Section 4212(a) of title 38 requires, among 
     other things, that the President promulgate regulations which 
     require Federal contractors to list all ``suitable'' job 
     openings with the local employment service office.
       House bill: Section 3(a)(1)(C) of H.R. 4776 would strike 
     the word ``suitable'' from section 4212(a).
       Senate bill: No comparable provision.
       Compromise agreement: Section 702(a) would amend section 
     4212(a) to require Federal contractors to immediately list 
     all open positions except executive and top management 
     positions, those positions that will be filled from within 
     the contractor's organization, and positions lasting three 
     days or less.
       It is the Committees' intent that Federal contractors may 
     not exclude from the listings positions at the middle 
     management and supervisory level.


  eligibility requirements for veterans under federal employment and 
                           training programs

       Current Law: Section 4213 of title 38 excludes certain pay 
     and other amounts received by veterans and eligible persons 
     when determining the needs or qualifications of participants 
     in employment or training programs financed in whole or in 
     part with Federal funds.
       House bill: Section 3(b) of H.R. 4776 would add benefits 
     received under chapter 30 of title 38 and chapter 106 of 
     title 10 to the amounts disregarded pursuant to section 4213, 
     and would delete reference to chapter 34.
       Senate bill: No comparable provision.
       Compromise agreement: Section 702(b) follows the House 
     bill, and, in addition, would delete the words ``the needs or 
     qualifications of participants in'' in section 4213, and 
     would insert, in lieu thereof, the words ``eligibility 
     under.''


              title viii--cemeteries and memorial affairs

eligibility for burial in national cemeteries of spouses who predecease 
                                veterans

       Current Law: Section 2402 of title 38 specifies who is 
     eligible to be buried in an open national cemetery. The 
     Veterans' Benefits Improvement and Health Care Authorization 
     Act of 1986, Public Law 99-576, made a technical correction 
     in section 5 in order to make the section gender neutral. 
     However, the change unintentionally deleted the statutory 
     eligibility for burial in a national cemetery for a veteran's 
     spouse who predeceases the veteran.
       House bill: No comparable provision.
       Senate bill: Section 403 of S. 2325 would restore the 
     statutory eligibility for burial in national cemeteries of 
     spouses who predecease veterans eligible for such burial.
       Compromise agreement: Section 801 follows the Senate bill.


       restoration of burial eligibility for unremarried spouses

       Current Law: Section 2402 of title 38 permits the surviving 
     spouse of a veteran to be buried in any open national 
     cemetery. The term ``surviving spouse'' is currently defined 
     in section 101(3) of title 38 as one who is the spouse of a 
     veteran at the time of the veteran's death and who has not 
     remarried. Section 8004 of the Omnibus Reconciliation Act of 
     1990, Public Law 101-508, precluded eligibility for certain 
     benefits under title 38, including eligibility for burial in 
     national cemeteries, for remarried surviving spouses whose 
     subsequent marriages were ended by death or divorce.
       House bill: Section 4 of H.R. 3456 would reinstate 
     eligibility for burial in national cemeteries of surviving 
     spouses whose subsequent marriage ended by death or divorce.
       Senate bill: No comparable provision.
       Compromise agreement: Section 802 follows the House bill.


 extension of authorization of appropriations for state cemetery grant 
                                program

       Current law: Section 2408(a)(2) of title 38 authorizes 
     appropriations of such funds as may be necessary for fiscal 
     year 1985, and for each of the 9 succeeding fiscal years, for 
     the purpose of making grants to any State in establishing, 
     expanding, or improving veterans' cemeteries owned by the 
     such State.
       House bill: Section 7 of H.R. 949 would extend the 
     authorization of appropriations for the State Cemetery Grants 
     Program from September 30, 1994, to September 30, 1999.
       Senate bill: No comparable provision.
       Compromise agreement: Section 803 follows the House bill.


    authority to use flat grave markers at the williamette national 
                            cemetery, oregon

       Current law: Section 2404(c)(2) of title 38 requires that 
     all grave markers in national cemeteries be upright for 
     interments on or after January 1, 1987, except that flat 
     grave markers may be used (a) in any section of a cemetery 
     that use flat grave markers prior to October 28, 1986, (b) in 
     any cemetery located on the grounds of or adjacent to a VA 
     health care facility, or (c) at those grave sites where 
     cremated remains are interred.
       House bill: No comparable provision.
       Senate bill: Section 404 of S. 2325 would authorize the use 
     of flat grave markers at the Williamette National Cemetery in 
     Oregon, notwithstanding section 2404(c)(2) of title 38.
       Compromise agreement: Section 804 follows the Senate bill.


                       title ix--housing programs

                              eligibility

       Current law: Subsections (b)(2) and (b)(5)(A) of section 
     3701 of title 38 expand the definition of the term 
     ``veteran'' for purposes of chapter 37.
       House bill: Section 1 of H.R. 4724 would add to the 
     definition of veteran, persons discharged or released from 
     the Selected Reserves before completing 6 years of service 
     because of a service-connected disability, and would extend 
     eligibility to surviving spouses of reservists who died on 
     active duty or due to a service-connected disability.
       Senate bill: No comparable provision.
       Compromise agreement: Section 901 follows the House bill.


             revision in computation of aggregate guaranty

       Current law: Section 3702 of title 38 provides for the 
     calculation of the loan guaranty entitlement. Subsection 
     (b)(1)(A) of section 3702 requires that any home acquired 
     with a VA-guaranteed loan must have been disposed of or 
     destroyed as one precondition to the restoration of 
     entitlement.
       House bill: No comparable provision.
       Senate bill: Section 2 of S. 1626 would eliminate the 
     precondition to restoration of loan guaranty entitlement 
     provided for in subsection 3702(b)(1)(A).
       Compromise agreement: Section 902 follows the Senate bill, 
     but provides that the Secretary may waive the precondition to 
     restoration of loan guaranty entitlement contained in 
     subsection 3702(b)(1)(A) once for each veteran.


            public and community water and sewerage systems

       Current law: Section 3704(e) of title 38 prohibits VA from 
     guaranteeing a loan to purchase or construct a home not 
     served by public water and sewerage systems where such 
     service is certified as economically feasible.
       House bill: Section 4 of H.R. 4724 would eliminate the 
     prohibition contained in section 3704(e).
       Senate bill: No comparable provision.
       Compromise agreement: Section 903 follows the House bill.


   authority to guarantee home refinance loans for energy efficiency 
                              improvements

       Current law: Section 3710 of title 38 identifies the types 
     of loans that may be guaranteed under the VA home loan 
     program, and establishes certain conditions and restrictions 
     with respect to such loans.
       House bill: Section 3(a) of H.R. 4724 would allow for the 
     costs of energy efficiency improvements to be added to the 
     loan balance in connection with a loan refinanced for the 
     purpose of reducing the interest rate.
       Senate bill: Section 3 of S. 1626 would allow for the costs 
     of energy efficiency improvements to be added to the balance 
     of a loan begin refinanced, and would provide an exception 
     for such purposes from the maximum loan amount as provided in 
     section 3710(e)(1)(C).
       Compromise agreement: Section 904 follows both bills, 
     except that it includes the exception to the maximum loan 
     amount in a refinance as provided in the Senate bill.


authority to guarantee loans to refinance adjustable rate mortgages to 
                          fixed rate mortgages

       Current law: Subsection 3710(e)(1)(A) of title 38 requires 
     that the interest rate of a loan which is guaranteed in order 
     to refinance an existing loan must be lower than the rate of 
     the loan which is being refinanced.
       House bill: Section 3(b) of H.R. 4724 would authorize the 
     refinancing of adjustable rate mortgage loans to fixed rate 
     mortgage loans at a higher interest rate.
       Senate bill: No comparable provision.
       Compromise agreement: Section 905 follows the House bill.


                   manufactured home loan inspections

       Current law: Section 3712(h)(2)(a) of title 38 requires the 
     Secretary to make certain inspections with respect to the 
     financing of loans for the purchase of manufactured housing.
       House bill: Section 4 of H.R. 4724 would eliminate VA 
     inspection requirements under se4cton 3712(h)(2)(A), and 
     would provide that manufactured housing that is certified to 
     conform to standards under section 616 of the National 
     Manufactured Housing Construction and safety Standards Act of 
     1974 shall be deemed in compliance with requirements of 
     subsection 3712(h)(1).
       Senate bill: No comparable provision.
       Compromise agreement: Section 906 follows the House bill


                         procedures on default

       Current law: Section 3732(c) of title 38 permits the 
     Secretary to acquire property from a loan officer who has 
     purchased the property at foreclosure for a price not 
     exceeding the lesser of the net value of the property or the 
     total indebtedness.
       House bill: Section 5 of H.R. 4724 would permit VA to 
     acquire property from the lender at the price provided for 
     under current law, despite the fact that the lender's bid at 
     the foreclosure sale might have exceeded that price.
       Senate bill: No comparable provision.
       Compromise agreement: Section 907 follows the House bill.


                minimum active-duty service requirement

       Current law: Section 5303A establishes, with certain 
     exceptions, a minimum of 24 months of active duty service for 
     eligibility for benefits under title 38.
       House bill: Section 6 of H.R. 4724 would add an exception 
     from the 2-year minimum service requirement with respect to 
     eligibility under chapter 37 of title 38 for service members 
     discharged because of a reduction in force.
       Senate bill: No comparable provision.
       Compromise agreement: Section 908 follows the House bill.


                  title x--homeless veterans programs

 reports on activities of the department of veterans affairs to assist 
                           homeless veterans

       Current law: Section 10 of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992, Public Law 102-
     590, requires VA to submit, no later than May 1 of each year 
     1994, 1995, and 1996, reports to the Senate and House 
     Committees on Veterans' Affairs on the implementation of that 
     act, including the numbers of veterans served, the services 
     provided, and an analysis of the clinical value and cost 
     effectiveness of the programs authorized under that act. 
     However, there is no other provision in current law that 
     requires VA to submit a report to Congress on all of the 
     Department's activities to assist homeless veterans.
       House bill: No comparable provision.
       Senate bill: Section 105 of S. 2325 would require VA to 
     submit an annual report by April 15 on its activities to 
     assist homeless veterans, including information on the 
     numbers of homeless veterans served and the costs to the 
     Department of its activities, and to report biannually on the 
     effectiveness of these activities.
       Compromise agreement: Section 1001 follows the Senate bill 
     and repeals the reporting requirement under section 10 of 
     Public Law 102-590.
       It is the Committees' intention that the information that 
     VA is required to furnish to the Committees under section 10 
     of Public Law 102-590 would be contained, along with other 
     matters, in the reports required under this section of the 
     compromise agreement.


   report on assessment and plans for response to needs of homeless 
                                veterans

       Current law: Section 107 of the Veterans' Medical Programs 
     Amendments of 1992, Public Law 102-405, enacted on October 9, 
     1992, requires the Secretary to assess programs developed by 
     VA facilities which have been designed to assist homeless 
     veterans. In carrying out this assessment, the Secretary is 
     directed to require the director of each VA medical center 
     and regional office (a) to assess the needs of homeless 
     veterans within the area served by the facility, including 
     veterans' needs for health care, education and training, 
     employment, shelter, counseling, and outreach services; and 
     (b) to develop, along with other local officials and 
     providers of services to the homeless, a list of all public 
     and private programs to assist homeless persons in the areas 
     served by the VA facilities. Public Law 102-405 does not 
     set a date for submission of this report.
       House bill: No comparable provision.
       Senate bill: Section 106 of S. 2325 would require VA to 
     submit the report described above to the Senate and House 
     Committees on Veterans' Affairs by December 31, 1994, and 
     update this report annually thereafter, through December 31, 
     1997.
       Compromise agreement: Section 1002 follows the Senate bill.


 increase in number of demonstration programs under homeless veterans 
               comprehensive service programs act of 1992

       Current law: Section 2 of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992, Public Law 102-
     590, requires VA to establish no more than four demonstration 
     programs to be centers for the provision of comprehensive 
     services to homeless veterans.
       House bill: No comparable provision.
       Senate bill: Section 108(a) of S. 2325 would raise the 
     limit on the number of comprehensive homeless centers that VA 
     may establish from 4 to 12.
       Compromise agreement: Section 1003 follows the Senate bill, 
     except that the limit would be raised to eight centers.


   removal of funding requirement of homeless veterans comprehensive 
                      service programs act of 1992

       Current law: Section 12 of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992, Public Law 102-
     590, specifies that no funds may be used to carry out certain 
     provisions in that law unless expressly provided for in an 
     appropriations statute.
       House bill: Section 8 of H.R. 949 would delete this 
     requirement.
       Senate bill: Section 108(b) of S. 2325 is identical to the 
     House bill.
       Compromise agreement: Section 1004 contains this provision.


                           sense of congress

       House resolution: H. Res. 503 would express the sense of 
     the House of Representatives that Congress, in providing 
     funds for any fiscal year for programs to assist homeless 
     individuals, should ensure that these funds are fairly 
     apportioned for homeless veterans to help return homeless 
     veterans to self-sufficient and productive lives.
       Senate bill: No comparable provision.
       Compromise agreement: Section 1005 is derived from the 
     House resolution and would express that it is the sense of 
     the Congress that (a) of the funds appropriated for any 
     fiscal year for programs to assist homeless individuals, a 
     share more closely approximately the proportion of the 
     population of homeless individuals who are veterans should be 
     appropriated to VA for VA homeless programs; (b) of the 
     Federal grants made available to assist community 
     organizations that assist homeless individuals, a share of 
     such grants more closely approximating the proportion of the 
     population of homeless individuals who are veterans should be 
     provided to community organizations that provide assistance 
     primarily to homeless veterans; and (c) the Secretary should 
     encourage Federal agencies that assist homeless individuals, 
     including homeless veterans, to be aware of and make 
     appropriate referrals to VA for benefits, such as health 
     care, substance abuse treatment, counseling, and income 
     assistance.


    title xi--reductions in department of veterans affairs personnel

    requirement for minimum number of full-time equivalent positions

       Current law: There is no provision in current law law 
     relating to the specific number of personnel in VA.
       Section 5(b) of the Federal Workforce Restructuring Act of 
     1994, Public Law 103-226, requires the President, through the 
     Director of the Office of Management and Budget, to ensure 
     that the total number of full-time equivalent employees 
     (FTEE) in all Federal agencies not exceed specified levels 
     set for each of fiscal years 1994 through 1999. The Office of 
     Management and Budget has the authority to determine how and 
     from where these cuts will be taken.
       House bill: Section 2 of H.R. 4013 would (a) prohibit, 
     during fiscal years 1995 to 1999, any reduction in the number 
     of FTEE in the Veterans Health Administration (VHA) other 
     than as specifically required by a law directing a reduction 
     in personnel from VHA or by the availability of funds; and 
     (b) require that the personnel of VHA be managed on the basis 
     of the needs of eligible veterans and the availability of 
     funds. Section 3 of H.R. 4013 would require the Secretary to 
     submit, not later than January 15, 1995, a report to the 
     Senate and House Committees on Veterans' Affairs on 
     streamling activities in VHA.
       Senate bill: Section 7 of S. 2330 would limit the number of 
     FTEE cuts in VA over the next 5 years, and impose certain 
     requirements relating to VA personnel.
       Specifically, section 7(b) would set the number of FTEE in 
     VA between the date of enactment of this measure and 
     September 30, 1999, at 224,377 (which is 10,051 FTEE lower 
     than VA's personnel level during fiscal year 1993).
       Section 7(c) would require that, in determining the number 
     of FTEE in VA during a fiscal year for purposes of achieving 
     Federal workforce reductions, as required by section 5(b) of 
     Public Law 103-226, only those VA employees whose salaries 
     and benefits are paid with appropriated funds may be counted 
     as VA FTEE. In fiscal year 1993, the administration counted 
     5,375 positions in VA (including 3,065 in the Veterans 
     Canteen Service, 2,066 in the Medical Care Cost Recovery 
     program, and 244 in the Medical Center Research 
     Organizations) that were paid with funds other than federally 
     appropriated funds.
       Section 7(d) would allow the level of VA FTEE to fall below 
     224,377 if cuts necessary due to a reduction in funds 
     available to the Department, or if a law enacted after the 
     enactment of this measure specifically requires additional 
     cuts.
       Section 7(e) would require the Secretary to submit an 
     annual report, through the year 2000, to the Senate and House 
     Committees on Veterans' Affairs that describes the numbers 
     and positions of all VA employees cut and the rationale 
     behind such cuts. This information would be required to be 
     contained in the annual President's budget submitted to 
     Congress pursuant to section 1105 of title 31, United States 
     Code.
       Compromise agreement: Section 1102 follows the Senate bill.
       The Committees believe that, for purposes of determining an 
     accurate estimate of the number of Federal employees in VA, 
     those employees whose salaries and benefits are not paid with 
     taxpayers' money should not be counted. The Committees note 
     VA's intention to pay 2,218 medical residents in VA medical 
     centers on a contract basis with the residents' medical 
     schools.
       The Committees strongly discourage VA from achieving the 
     workforce reduction required under this section by cutting 
     staff in an arbitrary, across-the-board manner. Such 
     arbitrary cuts cause indefensible staffing imbalances among 
     VA programs and facilities, and hurt VA's ability to provide 
     services to veterans. Although this section does not direct 
     the Secretary how to implement personnel reductions, section 
     7(e) would require VA to share with the Committees the 
     numbers and positions of any personnel cuts, and to 
     justify such cuts. The Committees also believe that 
     section 1103 of the compromise agreement would give VA a 
     mechanism to avoid implementing across-the-board cuts.


         enhanced authority to contract for necessary services

       Current law: Subsection 8110(c) of title 38 precludes VA 
     from entering into contracts under which VA direct patient 
     care or activities incident to direct patient care would be 
     converted to activities performed by non-VA providers. For 
     services other than those services, this section requires (a) 
     that VA receive at least two bids from financially autonomous 
     bidders; (b) that the cost to the Government of such contract 
     service over the first 5 years to be 15 percent lower than 
     the cost of Federal employees performing such services; and 
     (c) that the quality and quantity of health care provided to 
     veterans at the facility where such contract work is to be 
     performed would be maintained or enhanced. Before carrying 
     out a study in connection with a decision to consider 
     entering such a contract, VA must submit notice to the 
     appropriate Committees of the Congress of its intention to 
     carry out such a study.
       House bill: No comparable provision.
       Senate bill: Section 8 of S. 2330 would (a) waive, during 
     fiscal years 1995 to 1999, the limitations provided for under 
     section 8110(c) of title 38; (b) require the Secretary to 
     ensure that, in any contract for services that had been 
     provided by VA employees, the contractor give priority to 
     former VA employees who were displaced by the award of the 
     contract; and (c) require the Secretary to provide to such 
     former VA employees all possible assistance in obtaining 
     other Federal employment or entrance into job training 
     programs.
       Compromise agreement: Section 1103 follows the Senate bill. 
     The Committees note that providing VA enhanced authority to 
     contract for services will assist VA in achieving its 
     workforce reduction.


                                 study

       Current law: No provision in current law requires a study 
     of the feasibility and advisability of alternative 
     organizational structures, such as the establishment of a 
     quasi-Government corporation, to provide health care to 
     veterans.
       House bill: No comparable provision.
       Senate bill: Section 9 of S. 2330 would (a) require the 
     Secretary to contract with an appropriate non-Federal entity 
     to study and report to Congress on the feasibility and 
     advisability of alternative organizational structures, such 
     as the establishment of a quasi-Government corporation, to 
     provide health care services to veterans; and (b) authorize 
     appropriations of $1 million for this purpose.
       Compromise agreement: Section 1104 follows the Senate bill.
       The Committees intend by this provision to draw on the 
     expertise of an independent management consultant to study 
     and assess the management structures and organization of the 
     VA health care delivery system with particular reference to 
     the likelihood that VA will need to compete with private 
     health care providers. The Committees anticipate receiving a 
     detailed evaluation of VA from a business perspective and 
     recommendations on how VA's health care system might be 
     improved and altered, if appropriate, to provide the highest 
     quality medical services to our Nation's veterans in the most 
     effective and efficient manner possible. It is the 
     Committees' view that certain aspects of VA's health delivery 
     system likely could operate more like nongovernment 
     businesses.
       Any analysis of VA's health care system must be made in the 
     context of VA's overall mission to help veterans, especially 
     those with service-connected disabilities. In this context, 
     the Committees note that there are many aspects of VA that 
     should and must remain federally funded and centrally 
     administered, particularly programs to assist veterans who 
     suffer from post-traumatic stress disorder, spinal cord 
     dysfunction, or who need blind rehabilitation. VA provides a 
     public good--a necessity which may or may not be adaptable to 
     a competitive business environment. This study would attempt 
     to find the most effective and efficient health delivery 
     mechanism given this reality.
  Mr. Speaker, I would like to say because of the problems we have had 
over in the other body that I would like to commend the Parliamentarian 
and the floor staff people for the job they have done, Charlie, John, 
Marti, Craig, Jay, Gay, and Dan. There has been some chaos over here 
because of the problems we have had, but they have worked with us, and 
I just wanted that to go on the record.
  Mr. STUMP. Mr. Speaker, further reserving the right to object, I 
would like to commend the gentleman from Mississippi for the excellent 
job he has done this year in guiding these bills through this process, 
and he has done an excellent job with veterans always. I commend him.
  Mr. Speaker, I rise in strong support of H.R. 5244 the Veterans' 
Benefits Improvement Act of 1994. As Chairman Montgomery observed, this 
compromise bill encompasses a number of veterans bills the House has 
passed this Congress. We have reached a bipartisan agreement with the 
other body which will be of great benefit to veterans and which we can 
all be proud of.
  The entire leadership of the Veterans' Affairs Committees of both 
bodies on both sides of the aisle shares the credit for this 
legislation. Each of the Veterans' Affairs Committee's four legislative 
subcommittees have significant provisions in it.
  Some of our Persian Gulf War veterans are seriously ill from unknown 
causes. Medical experts are baffled and unable to diagnose their 
illnesses. We should not turn our backs on the young men and women who 
have served their country so well. Title I of this bill would 
comprehensively address their situation. It would provide for medical 
evaluation protocols, outreach, compensation benefits for those 
veterans who are disabled, and authorize epidemiological studies to try 
to find out what is causing these health problems.
  It must be acknowledged that the Congress has never before authorized 
compensation for any veterans' disability when its cause was 
undiagnosed. The Congress has been previously faced with difficult 
policy decisions on radiation exposure from atomic bomb testing and on 
agent orange exposure in Vietnam. They were eventually resolved, but in 
retrospect, they were resolved much too slowly. Our veterans who are 
too sick to work can not put their lives on hold until scientists can 
tell them what is wrong with them, if they can find out.
  This situation is not like any that veterans have faced before and it 
must be dealt with accordantly. Because we are faced with something 
unique, the way in which the Congress fashions this legislative policy 
should not be considered a precedent for future situations we are 
unable to foresee today. As we learn more about what is often being 
called the ``Persian Gulf Syndrome,'' it may well be necessary to 
revisit the issue and modify our course. But, for now, I am satisfied 
that the approach in title I is appropriate under the circumstances.
  Mr. Speaker, title II of the bill would address a serious problem 
facing the VA's Board of Veterans' Appeals. The Board's members are 
compensated at about $20,000 less than administrative law judges at the 
Social Security Administration, yet they do substantially equivalent 
work. Consequently, with the Social Security Administration hiring 
hundreds of new ALJs, Board members are leaving to become ALJs. About 
10 percent of the Board's members have already left. Given the crisis 
proportions of the backlog of veterans' claims appeals, the Board can 
ill afford the loss of some of its most experienced and capable 
members. Mr. Bilirakis, Ranking Minority Member of the Subcommittee on 
Compensation, Pension and Insurance, joined by Mr. Evans, Chairman of 
the Subcommittee on Oversight and Investigations, brought the problem 
to the attention of Mr. Slattery, Chairman of the Subcommittee on 
Compensation, Pension and Insurance. Mr. Slattery agreed with their 
efforts and moved the legislation which ultimately became title II of 
this bill. Under its provisions, the pay of the board members would be 
equalized with ALJs and a new system of performance evaluation would be 
established to ensure they are earning their money. I commend all three 
of my colleagues for their initiative and hard work in effectively 
addressing this problem.
  Title III of the bill would make certain adjudication improvements in 
the continuing effort to streamline the VA's claims adjudication 
system, which is also having problems of crisis proportions with 
timeliness and quality in handling veterans claims. Among these 
improvements would be expedited treatment of remanded claims and 
screening of appeals for quick identification of problems which must be 
corrected before they can be considered.
  Title IV would establish a veterans' claims adjudication commission 
with a full-time staff to explore new ways in which the VA's claims 
adjudication system can be improved. The crisis which I referred to 
earlier in my statement is so serious that the adjudication system is, 
in my judgment, not operating satisfactorily. Fresh thinking and 
outside expertise is needed, and that is what I hope this commission 
will bring.
  Title V contains certain veterans benefits-related provisions, 
including a provision to make it clear that Congress intended the 
Radiation-Exposed Veterans Compensation Act of 1988 to apply to all 
atmospheric atomic bomb tests in which U.S. military personnel 
participated, not just to U.S. conducted tests. This title also would 
codify herbicide-exposure presumptions which the VA has already 
established administratively. These are for hodgkin's disease, porhyria 
cutanea, respiratory cancers, and multiple myeloma.
  Title VI would, among other things, permanently authorize the 
inclusion of flight training as part of veterans' education benefits. 
The title would additionally authorize, for 2 years, the inclusion of 
alternative teacher certification programs for which veterans may use 
their GI bill benefits. For example, veterans who are part of the 
Department of Defense drawdown would be able to use their benefits for 
the Troops to Teachers Program. I am particularly pleased that this 
title would also provide a long-awaited increase in the authorization 
for State approving agencies for veterans' education benefits from $12 
million to $13 million, to help them deal with increases in operating 
costs and increased workloads associated with the DOD drawdown. And, 
finally, this title would allow employers participating in veterans' 
job training under the Service Members Occupational Conversion and 
Training Act of 1992 more flexibility by clarifying that the length of 
job training programs may extend beyond 18-months. However, payments 
for extended training may not exceed amounts which would be payable for 
an 18-month period.

  Title VII would in part require the Bureau of Labor Statistics to 
expand its special unemployment study from special disabled veterans 
and veterans of the Vietnam theater of operations to include other 
Vietnam era veterans, veterans who served on active duty after the 
Vietnam era, and veterans leaving active duty within 4 years of the 
applicable study. This would give a much better picture of veterans' 
unemployment rates.
  Title VIII would extend authority for the successful State Cemetery 
Grants Program to the beginning for fiscal year 2000.
  Title IX would extend home loan guaranty benefits to members of the 
Selected Reserves and eliminate antiquated, redundant VA reporting 
requirements. It would also authorize the VA to correct bidding errors 
that result from unintended communication problems at foreclosure sale 
under the Home Loan Guaranty Program. In addition, the title would 
increase flexibility in veterans' use of adjustable rate mortgages 
under the Home Loan Guaranty Program.
  Mr. Speaker, I want to highlight a resolution contained in title X of 
this legislation. Earlier this year, I introduced a resolution calling 
on Congress to provide a more proportionate share of Federal homeless 
assistance funding to help homeless veterans. I am pleased that the 
conference accepted a strong statement in this regard and hope that the 
statement would help retarget services to those veterans who once 
proudly served their country in the armed services.
  The provisions of title XI would limit the number of FTEE cuts to the 
VA, mandated by the Clinton administration, and thereby offer some 
protection to the forced reduction in Federal employment of 252,000 
positions over the next 5 years. The arbitrary cut imposed on the VA 
was slated at a reduction of 25,000 positions. In particular, this 
provision would enable the VA to maintain a work force level of 224,377 
FTEE over the next 5 years and represents a reduction of 10,051 FTEE to 
the personnel level of fiscal year 1993. Although the cuts will be less 
than originally targeted, the reduction will affect all veterans' 
programs. In an effort to avoid the crippling effects of across-the-
board cuts, the Secretary is required to submit an annual report to 
Congress outlining the rationale behind any planned reductions.
  Finally, title XII would contain technical and clerical amendments.
  Mr. Speaker, this legislation represents a substantial portion of the 
work of the House and Senate Veterans' Affairs Committees during the 
103d Congress. I appreciate the constructive approach taken by the 
leadership of the Senate Veterans' Affairs Committee to the 
negotiations which led to the various titles of this bill. Senator 
Rockefeller, the chairman, and Senator Murkowski, the ranking minority 
member, have both gone the extra mile to reach these agreements, and I 
commend them for it.
  Mr. Speaker, I urge the support of my colleagues for H.R. 5244. By 
doing so, they will be showing their support for America's veterans.
  Mr. SLATTERY. Mr. Speaker, as a co-author of the Persian gulf 
provisions included in this compromise measure, I want to highly 
commend Chairman Montgomery, the gentleman from Arizona [Mr. Stump] and 
the gentleman from Florida [Mr. Bilirakis] for their tireless efforts 
in reaching an agreement with our counterparts in the other body on 
this historic measure. I also want to thank the staff of the Committee 
on Veterans' Affairs, particularly my very able counsel, John Brizzi, 
for the very fine work that was done on this and numerous other 
matters.
  These efforts have resulted in a bill that will truly benefit Persian 
Gulf war veterans who are now suffering disabilities resulting from 
undiagnosed illnesses. It will also further the government's research 
efforts into the adverse health risks that may be associated with their 
service in the Persian gulf, including the health risks that may also 
have affected their families. As I have said before, we owe these sick 
veterans the benefit of the doubt as to the questions that remain about 
the illnesses from which they suffer.
  As the chairman has indicated, there are numerous provisions in this 
bill which originated in H.R. 4088 that will favorably affect the 
benefits programs for veterans and the manner in which determinations 
on veterans' claims and appeals will be made in the future. We have 
worked long and hard to accomplish the goal of making the VA system 
work better for veterans. There is more work to be done and I am 
confident that my efforts will be taken up by other up-coming members 
of the Committee. I wish them well.
  I am proud to have served with the many fine members of the Veterans' 
Affairs Committee over the years, but am especially pleased to have had 
the opportunity to serve our Nation's veterans to the best of my 
ability. There is no more deserving a group than those who have borne 
the battle on our behalf.
  I strongly urge my colleagues to support this bill.
  Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of H.R. 5244, 
the Veterans' Benefits Improvement Act, as amended.
  H.R. 5244 will provide compensation to Persian Gulf veterans who are 
suffering from mysterious illnesses. Currently, these veterans are 
unable to be compensated since, to date, we have been unable to 
precisely define a causal link.
  Chairman Sonny Montgomery introduced the original legislation to 
compensate Persian Gulf veterans, and I want to commend him for his 
efforts to address the problems facing Persian Gulf veterans.
  I would also like to recognize the Compensation Subcommittee 
Chairman, Jim Slattery, for his hard work on this important 
legislation. In addition, I would like to thank my colleagues Bob 
Stump, Lane Evans, and Joe Kennedy for their valuable input on H.R. 
5244.
  With the passage of H.R. 5244, we will be setting a new precedent in 
veterans benefits. For the first time, we will be providing 
compensation for medical conditions for which there is no definitive 
scientific evidence that they are service-connected.
  While we are setting a new precedent with this legislation, I think 
it is important to remember that we have responsibility for our 
service-members' financial well-being as well as their physical well-
being. We cannot ignore the needs of our Persian Gulf veterans.
  I believe H.R. 5244 is an appropriate step towards assisting our 
Persian Gulf war veterans. These veterans answered the call to duty, 
and we should not force them to wait for an irrefutable scientific 
diagnosis before we recognize their claims for disability compensation.
  H.R. 5244 also makes improvements to the claims adjudication process. 
Throughout the 103d Congress, the Compensation Subcommittee has been 
examining the VA's claims processing system. If enacted, H.R. 5244 will 
help reduce the huge backlog currently plaguing the system.
  I would like to thank Subcommittee Chairman Jim Slattery for his 
assistance in correcting a problem which, I strongly believe, has had a 
negative impact on the ability of the board of veterans appeals to 
process veterans claims in a timely fashion. The problem I am referring 
to is the exodus of experienced board members.
  In the last year, the board of veterans appeals has lost over 10 
percent of its membership to the Social Security Administration. These 
board members have left to become administrative law judges. If losses 
to the board continue, it will take many years to regain the knowledge, 
experience and expertise departing members take with them.
  One of the main reasons members are leaving the board is the pay 
differential between board members and administrative law judges. At 
one time, the board members were recognized as performing professional 
responsibilities at least comparable to those of administrative law 
judges.
  However, since the Federal Employees Pay Comparability Act of 1990, 
ALJS have been placed on a pay scale that awards them compensation 
averaging at least $20,000 more per year than that of the average board 
member.
  I have introduced legislation that restores pay comparability between 
board members and ALJS. I am pleased that my colleagues on the Veterans 
Affairs Committee have recognized the seriousness of this issue and 
included a pay comparability provision in H.R. 5244.
  In addition, H.R. 5244 eliminates term limits for members of the 
board of veterans appeals. Term limits are another reason why many 
members are considering leaving the board. While H.R. 5244 eliminates 
terms, the bill sets up a new recertification process for board 
members. I believe this new system will ensure that board members are 
treated fairly and that veterans claims are adjudicated in a timely 
manner.
  In closing, I want to take a moment to commend Chairman Slattery for 
the leadership he has brought to this subcommittee. Jim is leaving 
Congress at the end of the current session. I have enjoyed working with 
him on several important matters this Congress, and I want to wish him 
the best of luck in his future endeavors.
  I urge my colleagues to support H.R. 5244.
  Mr. STUMP. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  The Clerk read the bill, as follows:

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Benefits Improvements Act of 1994''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                   TITLE I--PERSIAN GULF WAR VETERANS

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Development of medical evaluation protocol.
Sec. 105. Outreach to Persian Gulf veterans.
Sec. 106. Compensation benefits for disability resulting from illness 
              attributed to service during the Persian Gulf War.
Sec. 107. Evaluation of health status of spouses and children of 
              Persian Gulf War veterans.
Sec. 108. Clarification of scope of health examinations provided for 
              veterans eligible for inclusion in health-related 
              registries.
Sec. 109. Survey of Persian Gulf veterans.
Sec. 110. Authorization for epidemiological studies.
Sec. 111. Cost-savings provisions.

          TITLE II--BOARD OF VETERANS' APPEALS ADMINISTRATION

Sec. 201. Appointment, pay comparability, and performance reviews for 
              members of the Board of Veterans' Appeals.
Sec. 202. Deadline for establishment of performance evaluation criteria 
              for Board members.
Sec. 203. Continuation in office of Chairman pending appointment of 
              successor.

                  TITLE III--ADJUDICATION IMPROVEMENTS

Sec. 301. Acceptance of certain documentation for claims purposes.
Sec. 302. Expedited treatment of remanded claims.
Sec. 303. Screening of appeals.
Sec. 304. Report on feasibility of reorganization of adjudication 
              divisions in VBA regional offices.

           TITLE IV--VETERANS' CLAIMS ADJUDICATION COMMISSION

Sec. 401. Establishment of commission.
Sec. 402. Duties of the commission.
Sec. 403. Powers of the commission.
Sec. 404. Commission personnel matters.
Sec. 405. Termination of the commission.
Sec. 406. Definitions.
Sec. 407. Funding.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Restatement of intent of Congress concerning coverage of 
              Radiation-Exposed Veterans Compensation Act of 1988.
Sec. 502. Extension of authority to maintain regional office in the 
              Philippines.
Sec. 503. Renouncement of benefit rights.
Sec. 504. Clarification of payment of attorney fees under contingent 
              fee agreements.
Sec. 505. Codification of herbicide-exposure presumptions established 
              administratively.
Sec. 506. Treatment of certain income of Alaska natives for purposes of 
              needs-based benefits.
Sec. 507. Elimination of requirement for payment of certain benefits in 
              Philippine pesos.
Sec. 508. Study of health consequences for family members of atomic 
              veterans of exposure of atomic veterans to ionizing 
              radiation.
Sec. 509. Center for Minority Veterans and Center for Women Veterans.
Sec. 510. Advisory Committee on Minority Veterans.
Sec. 511. Mailing of notices of appeal to the Court of Veterans 
              Appeals.

               TITLE VI--EDUCATION AND TRAINING PROGRAMS

Sec. 601. Flight training.
Sec. 602. Training and rehabilitation for veterans with service-
              connected disabilities.
Sec. 603. Alternative teacher certification programs.
Sec. 604. Education outside the United States.
Sec. 605. Correspondence courses.
Sec. 606. State approving agencies.
Sec. 607. Measurement of courses.
Sec. 608. Veterans' Advisory Committee on Education.
Sec. 609. Contract educational and vocational counseling.
Sec. 610. Service Members Occupational Conversion and Training Act of 
              1992.

                     TITLE VII--EMPLOYMENT PROGRAMS

Sec. 701. Job counseling, training, and placement.
Sec. 702. Employment and training of veterans.

              TITLE VIII--CEMETERIES AND MEMORIAL AFFAIRS

Sec. 801. Eligibility for burial in national cemeteries of spouses who 
              predecease veterans.
Sec. 802. Restoration of burial eligibility for unremarried spouses.
Sec. 803. Extension of authorization of appropriations for State 
              cemetery grant program.
Sec. 804. Authority to use flat grave markers at the Willamette 
              National Cemetery, Oregon.

                       TITLE IX--HOUSING PROGRAMS

Sec. 901. Eligibility.
Sec. 902. Revision in computation of aggregate guaranty.
Sec. 903. Public and community water and sewerage systems.
Sec. 904. Authority to guarantee home refinance loans for energy 
              efficiency improvements.
Sec. 905. Authority to guarantee loans to refinance adjustable rate 
              mortgages to fixed rate mortgages.
Sec. 906. Manufactured home loan inspections.
Sec. 907. Procedures on default.
Sec. 908. Minimum active-duty service requirement.

                  TITLE X--HOMELESS VETERANS PROGRAMS

Sec. 1001. Reports on activities of the Department of Veterans Affairs 
              to assist homeless veterans.
Sec. 1002. Report on assessment and plans for response to needs of 
              homeless veterans.
Sec. 1003. Increase in number of demonstration programs under Homeless 
              Veterans Comprehensive Service Programs Act of 1992.
Sec. 1004. Removal of funding requirement of Homeless Veterans 
              Comprehensive Service Programs Act of 1992.
Sec. 1005. Sense of Congress.

    TITLE XI--REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS PERSONNEL

Sec. 1101. Findings.
Sec. 1102. Requirement for minimum number of full-time equivalent 
              positions.
Sec. 1103. Enhanced authority to contract for necessary services.
Sec. 1104. Study.

             TITLE XII--TECHNICAL AND CLERICAL AMENDMENTS.

Sec. 1201. Amendments to title 38, United States Code.
Sec. 1202. Amendments to other laws administered by Secretary of 
              Veterans Affairs.
Sec. 1203. Amendments to other laws.

     SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.
                   TITLE I--PERSIAN GULF WAR VETERANS

     SEC. 101. SHORT TITLE.

       This Act may be cited as the ``Persian Gulf War Veterans' 
     Benefits Act''.

     SEC. 102. FINDINGS.

       The Congress makes the following findings:
       (1) During the Persian Gulf War, members of the Armed 
     Forces were exposed to numerous potentially toxic substances, 
     including fumes and smoke from military operations, oil well 
     fires, diesel exhaust, paints, pesticides, depleted uranium, 
     infectious agents, investigational drugs and vaccines, and 
     indigenous diseases, and were also given multiple 
     immunizations. It is not known whether these servicemembers 
     were exposed to chemical or biological warfare agents. 
     However, threats of enemy use of chemical and biological 
     warfare heightened the psychological stress associated with 
     the military operation.
       (2) Significant numbers of veterans of the Persian Gulf War 
     are suffering from illnesses, or are exhibiting symptoms of 
     illness, that cannot now be diagnosed or clearly defined. As 
     a result, many of these conditions or illnesses are not 
     considered to be service connected under current law for 
     purposes of benefits administered by the Department of 
     Veterans Affairs.
       (3) The National Institutes of Health Technology Assessment 
     Workshop on the Persian Gulf Experience and Health, held in 
     April 1994, concluded that the complex biological, chemical, 
     physical, and psychological environment of the Southwest Asia 
     theater of operations produced complex adverse health effects 
     in Persian Gulf War veterans and that no single disease 
     entity or syndrome is apparent. Rather, it may be that the 
     illnesses suffered by those veterans result from multiple 
     illnesses with overlapping symptoms and causes that have yet 
     to be defined.
       (4) That workshop concluded that the information concerning 
     the range and intensity of exposure to toxic substances by 
     military personnel in the Southwest Asia theater of 
     operations is very limited and that such information was 
     collected only after a considerable delay.
       (5) In response to concerns regarding the health-care needs 
     of Persian Gulf War veterans, particularly those who suffer 
     from illnesses or conditions for which no diagnosis has been 
     made, the Congress, in Public Law 102-585, directed the 
     establishment of a Persian Gulf War Veterans Health Registry, 
     authorized health examinations for veterans of the Persian 
     Gulf War, and provided for the National Academy of Sciences 
     to conduct a comprehensive review and assessment of 
     information regarding the health consequences of military 
     service in the Persian Gulf theater of operations and to 
     develop recommendations on avenues for research regarding 
     such health consequences. In Public Law 103-210, the Congress 
     authorized the Department of Veterans Affairs to provide 
     health care services on a priority basis to Persian Gulf War 
     veterans. The Congress also provided in Public Law 103-160 
     (the National Defense Authorization Act for Fiscal Year 1994) 
     for the establishment of a specialized environmental medical 
     facility for the conduct of research into the possible health 
     effects of exposure to low levels of hazardous chemicals, 
     especially among Persian Gulf veterans, and for research into 
     the possible health effects of battlefield exposure in such 
     veterans to depleted uranium.
       (6) In response to concerns about the lack of objective 
     research on Gulf War illnesses, Congress included research 
     provisions in the National Defense Authorization Act for 
     Fiscal Year 1995, which was passed by the House and Senate in 
     September 1994. This legislation requires the Secretary of 
     Defense to provide research grants to non-Federal researchers 
     to support three types of studies of the Gulf War syndrome. 
     The first type of study will be an epidemiological study or 
     studies of the incidence, prevalence, and nature of the 
     illness and symptoms and the risk factors associated with 
     symptoms or illnesses. This will include illnesses among 
     spouses and birth defects and illnesses among offspring born 
     before and after the Gulf War. The second group of studies 
     shall be conducted to determine the health consequences of 
     the use of pyridostigmine bromide as a pretreatment antidote 
     enhancer during the Persian Gulf War, alone or in combination 
     with exposure to pesticides, environmental toxins, and other 
     hazardous substances. The final group of studies shall 
     include clinical research and other studies on the causes, 
     possible transmission, and treatment of Gulf War syndrome, 
     and will include studies of veterans and their spouses and 
     children.
       (7) Further research and studies must be undertaken to 
     determine the underlying causes of the illnesses suffered by 
     Persian Gulf War veterans and, pending the outcome of such 
     research, veterans who are seriously ill as the result of 
     such illnesses should be given the benefit of the doubt and 
     be provided compensation benefits to offset the impairment in 
     earnings capacities they may be experiencing.

     SEC. 103. PURPOSES.

       The purposes of this title are--
       (1) to provide compensation to Persian Gulf War veterans 
     who suffer disabilities resulting from illnesses that cannot 
     now be diagnosed or defined, and for which other causes 
     cannot be identified;
       (2) to require the Secretary of Veterans Affairs to develop 
     at the earliest possible date case assessment strategies and 
     definitions or diagnoses of such illnesses;
       (3) to promote greater outreach to Persian Gulf War 
     veterans and their families to inform them of ongoing 
     research activities, as well as the services and benefits to 
     which they are currently entitled; and
       (4) to ensure that research activities and accompanying 
     surveys of Persian Gulf War veterans are appropriately funded 
     and undertaken by the Department of Veterans Affairs.

     SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

       (a) Uniform Medical Evaluation Protocol.--(1) The Secretary 
     of Veterans Affairs shall develop and implement a uniform and 
     comprehensive medical evaluation protocol that will ensure 
     appropriate medical assessment, diagnosis, and treatment of 
     Persian Gulf War veterans who are suffering from illnesses 
     the origins of which are (as of the date of the enactment of 
     this Act) unknown and that may be attributable to service in 
     the Southwest Asia theater of operations during the Persian 
     Gulf War. The protocol shall include an evaluation of 
     complaints relating to illnesses involving the reproductive 
     system.
       (2) If such a protocol is not implemented before the end of 
     the 120-day period beginning on the date of the enactment of 
     this Act, the Secretary shall, before the end of such period, 
     submit to the Committees on Veterans' Affairs of the Senate 
     and House of Representatives a report as to why such a 
     protocol has not yet been developed.
       (3)(A) The Secretary shall ensure that the evaluation under 
     the protocol developed under this section is available at all 
     Department medical centers that have the capability of 
     providing the medical assessment, diagnosis, and treatment 
     required under the protocol.
       (B) The Secretary may enter into contracts with non-
     Department medical facilities for the provision of the 
     evaluation under the protocol.
       (C) In the case of a veteran whose residence is distant 
     from a medical center described in subparagraph (A), the 
     Secretary may provide the evaluation through a Department 
     medical center described in that subparagraph and, in such a 
     case, may provide the veteran the travel and incidental 
     expenses therefor pursuant to the provisions of section 111 
     of title 38, United States Code.
       (4)(A) If the Secretary is unable to diagnose the symptoms 
     or illness of a veteran provided an evaluation, or if the 
     symptoms or illness of a veteran do not respond to treatment 
     provided by the Secretary, the Secretary may use the 
     authority in section 1703 of title 38, United States Code, in 
     order to provide for the veteran to receive diagnostic tests 
     or treatment at a non-Department medical facility that may 
     have the capability of diagnosing or treating the symptoms or 
     illness of the veteran. The Secretary may provide the veteran 
     the travel and incidental expenses therefor pursuant to the 
     provisions of section 111 of title 38, United States Code.
       (B) The Secretary shall request from each non-Department 
     medical facility that examines or treats a veteran under this 
     paragraph such information relating to the diagnosis or 
     treatment as the Secretary considers appropriate.
       (5) In each year after the implementation of the protocol, 
     the Secretary shall enter into an agreement with the National 
     Academy of Sciences under which agreement appropriate experts 
     shall review the adequacy of the protocol and its 
     implementation by the Department of Veterans Affairs.
       (b) Relationship to Other Comprehensive Clinical Evaluation 
     Protocols.--The Secretary, in consultation with the Secretary 
     of Defense, shall ensure that the information collected 
     through the protocol described in this section is collected 
     and maintained in a manner that permits the effective and 
     efficient cross-reference of that information with 
     information collected and maintained through the 
     comprehensive clinical protocols of the Department of Defense 
     for Persian Gulf War veterans.
       (c) Case Definitions and Diagnoses.--The Secretary shall 
     develop case definitions or diagnoses for illnesses 
     associated with the service described in subsection (a)(1). 
     The Secretary shall develop such definitions or diagnoses at 
     the earliest possible date.

     SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     implement a comprehensive outreach program to inform Persian 
     Gulf War veterans and their families of the medical care and 
     other benefits that may be provided by the Department of 
     Veterans Affairs and the Department of Defense arising from 
     service in the Persian Gulf War.
       (b) Newsletter.--(1) The outreach program shall include a 
     newsletter which shall be updated and distributed at least 
     semi-annually and shall be distributed to the veterans listed 
     on the Persian Gulf War Veterans Health Registry. The 
     newsletter shall include summaries of the status and findings 
     of Government sponsored research on illnesses of Persian Gulf 
     War veterans and their families, as well as on benefits 
     available to such individuals through the Department of 
     Veterans Affairs. The newsletter shall be prepared in 
     consultation with veterans service organizations.
       (2) The requirement under this subsection for the 
     distribution of the newsletter shall terminate on December 
     31, 1999.
       (c) Toll-Free Number.--The outreach program shall include 
     establishment of a toll-free telephone number to provide 
     Persian Gulf War veterans and their families information on 
     the Persian Gulf War Veterans Health Registry, health care 
     and other benefits provided by the Department of Veterans 
     Affairs, and such other information as the Secretary 
     considers appropriate. Such toll-free telephone number shall 
     be established not later than 90 days after the date of the 
     enactment of this Act.

     SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RESULTING FROM 
                   ILLNESS ATTRIBUTED TO SERVICE DURING THE 
                   PERSIAN GULF WAR.

       (a) In General.--(1) Chapter 11 is amended by adding at the 
     end of subchapter II the following new section:

     ``Sec. 1117. Compensation for disabilities occurring in 
       Persian Gulf War veterans

       ``(a) The Secretary may pay compensation under this 
     subchapter to any Persian Gulf veteran suffering from a 
     chronic disability resulting from an undiagnosed illness (or 
     combination of undiagnosed illnesses) that--
       ``(1) became manifest during service on active duty in the 
     Armed Forces in the Southwest Asia theater of operations 
     during the Persian Gulf War; or
       ``(2) became manifest to a degree of 10 percent or more 
     within the presumptive period prescribed under subsection 
     (b).
       ``(b) The Secretary shall prescribe by regulation the 
     period of time following service in the Southwest Asia 
     theater of operations during the Persian Gulf War that the 
     Secretary determines is appropriate for presumption of 
     service connection for purposes of this section. The 
     Secretary's determination of such period of time shall be 
     made following a review of any available credible medical or 
     scientific evidence and the historical treatment afforded 
     disabilities for which manifestation periods have been 
     established and shall take into account other pertinent 
     circumstances regarding the experiences of veterans of the 
     Persian Gulf War.
       ``(c)(1) The Secretary shall prescribe regulations to carry 
     out this section.
       ``(2) Those regulations shall include the following:
       ``(A) A description of the period and geographical area or 
     areas of military service in connection with which 
     compensation under this section may be paid.
       ``(B) A description of the illnesses for which compensation 
     under this section may be paid.
       ``(C) A description of any relevant medical characteristic 
     (such as a latency period) associated with each such illness.
       ``(d) A disability for which compensation under this 
     subchapter is payable shall be considered to be service 
     connected for purposes of all other laws of the United 
     States.
       ``(e) For purposes of this section, the term `Persian Gulf 
     veteran' means a veteran who served on active duty in the 
     Armed Forces in the Southwest Asia theater of operations 
     during the Persian Gulf War.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1116 the following new item:

``1117. Compensation for disabilities occurring in Persian Gulf War 
              veterans.''.
       (b) Conforming Amendments.--Section 1113 is amended--
       (1) by striking out ``section 1112 or 1116'' in the first 
     and third place it appears and inserting in lieu thereof 
     ``section 1112, 1116, or 1117'';
       (2) by striking out ``title'' the second place it appears 
     and inserting in lieu thereof ``title, or payments of 
     compensation pursuant to section 1117 of this title,''; and
       (3) by inserting ``or disabilities'' after ``diseases'' 
     both places it appears in subsection (a).
       (c) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives a report stating whether 
     or not the Secretary intends to pay compensation as provided 
     in section 1117 of title 38, United States Code, as added by 
     subsection (a).
       (d) Regulations.--If the Secretary states in the report 
     under subsection (c) that the Secretary intends to pay 
     compensation as provided in section 1117 of title 38, United 
     States Code, as added by subsection (a), the Secretary shall, 
     not later than 30 days after the date on which such report is 
     submitted, publish in the Federal Register proposed 
     regulations under subsections (b) and (c) of that section.

     SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN 
                   OF PERSIAN GULF WAR VETERANS.

       (a) Evaluation Program.--Subject to subsection (c), the 
     Secretary of the Veterans Affairs shall conduct a study to 
     evaluate the health status of spouses and children of Persian 
     Gulf War veterans. Under the study, the Secretary shall 
     provide for the conduct of diagnostic testing and appropriate 
     medical examinations of any individual--
       (1) who is the spouse or child of a veteran who--
       (A) is listed in the Persian Gulf War Veterans Registry 
     established under section 702 of Public Law 102-585; and
       (B) is suffering from an illness or disorder;
       (2) who is apparently suffering from, or may have suffered 
     from, an illness or disorder (including a birth defect, 
     miscarriage, or stillbirth) which cannot be disassociated 
     from the veteran's service in the Southwest Asia theater of 
     operations; and
       (3) who, in the case of a spouse, has granted the Secretary 
     permission to include in the Registry relevant medical data 
     (including a medical history and the results of diagnostic 
     testing and medical examinations) and such other information 
     as the Secretary considers relevant and appropriate with 
     respect to such individual.
     Such testing and examinations shall be carried out so as to 
     gather such medical data as the Secretary considers relevant 
     and appropriate in order to determine the nature and extent 
     of the association, if any, between illness or disorder of 
     the spouse or child and the illness of the veteran.
       (b) Duration of Program.--The program shall be carried out 
     during the period beginning on November 1, 1994, and ending 
     on September 30, 1996.
       (c) Funding Limitation.--The amount spent for the program 
     under subsection (a) may not exceed $2,000,000.
       (d) Contracting.--The Secretary shall provide for the 
     conduct of testing and examinations under subsection (a) 
     through appropriate contract arrangements.
       (e) Standard Protocols and Guidelines.--The Secretary shall 
     seek to ensure uniform development of medical data through 
     the development of standard protocols and guidelines for such 
     testing and examinations. If such protocols and guidelines 
     have not been adopted before the end of the 120-day period 
     beginning on the date of the enactment of this Act, the 
     Secretary shall, before the end of such period, submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report as to why such protocols and 
     guidelines have not yet been developed.
       (f) Entry of Results in Registry.--The results of 
     diagnostic tests, medical histories, and medical examinations 
     conducted under subsection (a) shall be entered into the 
     Persian Gulf War Veterans Health Registry.
       (g) Outreach.--The Secretary shall conduct such outreach 
     activities as the Secretary determines necessary to ensure 
     that implementation of this section results in sufficient 
     information to enable the Secretary--
       (1) to analyze the health status of large numbers of 
     spouses and children of Persian Gulf veterans; and
       (2) to formulate research hypotheses regarding possible 
     association between illnesses or disorders suffered by 
     Persian Gulf veterans and illnesses or disorders (including 
     birth defects, miscarriages, and stillbirths) suffered by 
     their spouses and children.
       (h) Use Outside Department of Standard Protocols and 
     Guidelines.--The Secretary shall--
       (1) make the standard protocols and guidelines developed 
     under this section available to any entity which requests a 
     copy of such protocols and guidelines; and
       (2) enter into the registry the results of any examination 
     of the spouse or child of a veteran who served in the Persian 
     Gulf theater which a licensed physician certifies was 
     conducted using those standard protocols and guidelines.
       (i) Reports to Congress.--(1) The Secretary shall submit to 
     Congress no later than October 31, 1995, a report on the 
     Secretary's implementation of this section.
       (2) The Secretary shall analyze the data entered into the 
     registry under this section and shall submit to Congress, not 
     later than March 1, 1997, a report on that analysis and on 
     the Secretary's recommendation for any further legislation or 
     studies regarding the health status of spouses and children 
     of Persian Gulf War veterans.
       (j) Definitions.--For purposes of this section, the terms 
     ``child'' and ``spouse'' have the meanings given those terms 
     in paragraphs (4) and (31), respectively, of section 101 of 
     title 38, United States Code.

     SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINATIONS 
                   PROVIDED FOR VETERANS ELIGIBLE FOR INCLUSION IN 
                   HEALTH-RELATED REGISTRIES.

       Section 703 of the Persian Gulf War Veterans' Health Status 
     Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is 
     amended--
       (1) by inserting ``(including diagnostic tests)'' after 
     ``examination'' each place it appears other than in 
     subsection (a)(1)(A);
       (2) in subsection (a)(1)(A)--
       (A) by inserting ``(including any appropriate diagnostic 
     tests)'' after ``a health examination''; and
       (B) by inserting ``and the tests'' after ``the 
     examination''; and
       (3) in subsection (a)(2), by inserting ``(including any 
     diagnostic tests)'' after ``examinations''.

     SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out a survey of Persian Gulf veterans to gather 
     information on the incidence and nature of health problems 
     occurring in Persian Gulf veterans and their families.
       (b) Coordination With Department of Defense.--Any survey 
     under subsection (a) shall be carried out in coordination 
     with the Secretary of Defense.
       (c) Persian Gulf Veteran.--For purposes of this section, a 
     Persian Gulf veteran is an individual who served on active 
     duty in the Armed Forces in the Southwest Asia theater of 
     operations during the Persian Gulf War as defined in section 
     101(33) of title 38, United States Code.

     SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

       (a) Study of Health Consequences of Persian Gulf Service.--
     If the National Academy of Sciences includes in the report 
     required by section 706(b) of the Veterans Health Care Act of 
     1992 (Public Law 102-585) a finding that there is a sound 
     basis for an epidemiological study or studies on the health 
     consequences of service in the Persian Gulf theater of 
     operations during the Persian Gulf War and recommends the 
     conduct of such a study or studies, the Secretary of Veterans 
     Affairs is authorized to carry out such study.
       (b) Oversight.--(1) The Secretary shall seek to enter into 
     an agreement with the Medical Follow-Up Agency (MFUA) of the 
     Institute of Medicine of the National Academy of Sciences for 
     (A) the review of proposals to conduct the research referred 
     to in subsection (a), (B) oversight of such research, and (C) 
     review of the research findings.
       (2) If the Secretary is unable to enter into an agreement 
     under paragraph (1) with the entity specified in that 
     paragraph, the Secretary shall enter into an agreement 
     described in that paragraph with another appropriate 
     scientific organization which does not have a connection to 
     the Department of Veterans Affairs. In such a case, the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives, at least 90 days 
     before the date on which the agreement is entered into, 
     notice in writing identifying the organization with which the 
     Secretary intends to enter into the agreement.
       (c) Access to Data.--The Secretary shall enter into 
     agreements with the Secretary of Defense and the Secretary of 
     Health and Human Services to make available for the purposes 
     of any study described in subsection (a) all data that the 
     Secretary, in consultation with the National Academy of 
     Sciences and the contractor for the study, considers relevant 
     to the study.
       (d) Authorization.--There are authorized to be appropriated 
     to the Department such sums as are necessary for the conduct 
     of studies described in subsection (a).

     SEC. 111. COST-SAVINGS PROVISIONS.

       (a) Election of Death Pension by Surviving Spouse.--Section 
     1317 is amended--
       (1) by striking out ``No person'' and inserting in lieu 
     thereof ``(a) Except as provided in subsection (b), no 
     person''; and
       (2) by adding at the end the following:
       ``(b) A surviving spouse who is eligible for dependency and 
     indemnity compensation may elect to receive death pension 
     instead of such compensation.''.
       (b) Policy Regarding Cost-of-Living Adjustment in 
     Compensation Rates for Fiscal Year 1995.--The fiscal year 
     1995 cost-of-living adjustments in the rates of and 
     limitations for compensation payable under chapter 11 of 
     title 38, United States Code, and of dependency and indemnity 
     compensation payable under chapter 13 of such title will be 
     no more than a percentage equal to the percentage by which 
     benefit amounts payable under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) are increased effective December 
     1, 1994, as a result of a determination under section 215(i) 
     of such Act (42 U.S.C. 415(i)), with all increased monthly 
     rates and limitations (other than increased rates or 
     limitations equal to a whole dollar amount) rounded down to 
     the next lower dollar.
          TITLE II--BOARD OF VETERANS' APPEALS ADMINISTRATION

     SEC. 201. APPOINTMENT, PAY COMPARABILITY, AND PERFORMANCE 
                   REVIEWS FOR MEMBERS OF THE BOARD OF VETERANS' 
                   APPEALS.

       (a) Members Other Than Chairman.--(1) Chapter 71 is amended 
     by inserting after section 7101 the following new section:

     ``Sec. 7101A. Members of Board: appointment; pay; performance 
       review

       ``(a) The members of the Board of Veterans' Appeals other 
     than the Chairman (and including the Vice Chairman) shall be 
     appointed by the Secretary, with the approval of the 
     President, based upon recommendations of the Chairman.
       ``(b) Members of the Board (other than the Chairman and any 
     member of the Board who is a member of the Senior Executive 
     Service) shall, in accordance with regulations prescribed by 
     the Secretary, be paid basic pay at rates equivalent to the 
     rates payable under section 5372 of title 5.
       ``(c)(1)(A) The Chairman shall establish a panel to review 
     the performance of members of the Board. The panel shall be 
     comprised of the Chairman and two other members of the Board 
     (other than the Vice Chairman). The Chairman shall 
     periodically rotate membership on the panel so as to ensure 
     that each member of the Board (other than the Vice Chairman) 
     serves as a member of the panel for and within a reasonable 
     period.
       ``(B) Not less than one year after the job performance 
     standards under subsection (f) are initially established, and 
     not less often than once every three years thereafter, the 
     performance review panel shall determine, with respect to 
     each member of the Board (other than the Chairman or a member 
     who is a member of the Senior Executive Service), whether 
     that member's job performance as a member of the Board meets 
     the performance standards for a member of the Board 
     established under subsection (f). Each such determination 
     shall be in writing.
       ``(2) If the determination of the performance review panel 
     in any case is that the member's job performance as a member 
     of the Board meets the performance standards for a member of 
     the Board established under subsection (f), the Chairman 
     shall recertify the member's appointment as a member of the 
     Board.
       ``(3) If the determination of the performance review panel 
     in any case is that the member's job performance does not 
     meet the performance standards for a member of the Board 
     established under subsection (f), the Chairman shall, based 
     upon the individual circumstances, either--
       ``(A) grant the member a conditional recertification; or
       ``(B) recommend to the Secretary that the member be 
     noncertified.
       ``(4) In the case of a member of the Board who is granted a 
     conditional recertification under paragraph (3)(A) or (5)(A), 
     the performance review panel shall review the member's job 
     performance record and make a further determination under 
     paragraph (1) concerning that member not later than one year 
     after the date of the conditional recertification. If the 
     determination of the performance review panel at that time is 
     that the member's job performance as a member of the Board 
     still does not meet the performance standards for a member of 
     the Board established under subsection (f), the Chairman 
     shall recommend to the Secretary that the member be 
     noncertified.
       ``(5) In a case in which the Chairman recommends to the 
     Secretary under paragraph (3) or (4) that a member be 
     noncertified, the Secretary, after considering the 
     recommendation of the Chairman, may either--
       ``(A) grant the member a conditional recertification; or
       ``(B) determine that the member should be noncertified.
       ``(d)(1) If the Secretary, based upon the recommendation of 
     the Chairman, determines that a member of the Board should be 
     noncertified, that member's appointment as a member of the 
     Board shall be terminated and that member shall be removed 
     from the Board.
       ``(2) Upon removal from the Board under paragraph (1), a 
     member of the Board (other than the Chairman) who was a 
     career or career-conditional employee in the civil service 
     before commencement of service as a member of the Board shall 
     revert to the civil service grade and series held by the 
     member immediately before the appointment of the member to 
     the Board.
       ``(e)(1) A member of the Board (other than the Chairman or 
     a member of the Senior Executive Service) may be removed as a 
     member of the Board by reason of job performance only as 
     provided in subsections (c) and (d). Such a member may be 
     removed by the Secretary, upon the recommendation of the 
     Chairman, for any other reason as determined by the 
     Secretary.
       ``(2) In the case of a removal of a member under this 
     section for a reason other than job performance that would be 
     covered by section 7521 of title 5 in the case of an 
     administrative law judge, the removal of the member of the 
     Board shall be carried out subject to the same requirements 
     as apply to removal of an administrative law judge under that 
     section. Section 554(a)(2) of title 5 shall not apply to a 
     removal action under this subsection. In such a removal 
     action, a member shall have the rights set out in section 
     7513(b) of that title.
       ``(f) The Chairman, subject to the approval of the 
     Secretary, shall establish standards for the performance of 
     the job of a member of the Board (other than the Chairman or 
     a member of the Senior Executive Service). Those standards 
     shall establish objective and fair criteria for evaluation of 
     the job performance of a member of the Board.
       ``(g) The Secretary shall prescribe procedures for the 
     administration of this section, including deadlines and time 
     schedules for different actions under this section.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     7101 the following new item:

``7101A. Members of Board: appointment; pay; performance review.''.
       (b) Save Pay Provision.--The rate of basic pay payable to 
     an individual who is a member of the Board of Veterans' 
     Appeals on the date of the enactment of this Act may not be 
     reduced by reason of the amendments made by this section to a 
     rate below the rate payable to such individual on the day 
     before such date.
       (c) Effective Date.--Section 7101A(b) of title 38, United 
     States Code, as added by subsection (a), shall take effect on 
     the first day of the first pay period beginning after 
     December 31, 1994.
       (d) Conforming Amendments.--Section 7101(b) is amended--
       (1) by striking out paragraph (2);
       (2) by designating as paragraph (2) the text in paragraph 
     (1) beginning ``The Chairman may be removed''; and
       (3) by striking out ``Members (including the Chairman)'' in 
     paragraph (3) and inserting in lieu thereof ``The Chairman''.

     SEC. 202. DEADLINE FOR ESTABLISHMENT OF PERFORMANCE 
                   EVALUATION CRITERIA FOR BOARD MEMBERS.

       (a) Deadline.--The job performance standards required to be 
     established by section 7101A(f) of title 38, United States 
     Code, as added by section 201(a), shall be established not 
     later than 90 days after the date of the enactment of this 
     Act.
       (b) Submission to Congressional Committees.--Not later than 
     the date on which the standards referred to in subsection (a) 
     take effect, the Secretary of Veterans Affairs shall submit 
     to the Committees on Veterans' Affairs of the Senate and 
     House of Representatives a report describing the standards 
     established by the Chairman of the Board of Veterans' 
     Appeals.

     SEC. 203. CONTINUATION IN OFFICE OF CHAIRMAN PENDING 
                   APPOINTMENT OF SUCCESSOR.

       Section 7101(b)(3) is amended by adding at the end the 
     following new sentence: ``If, upon the expiration of the term 
     of office for which the Chairman was appointed, the position 
     of Chairman would become vacant, the individual serving as 
     Chairman may, with the approval of the Secretary, continue to 
     serve as Chairman until either appointed to another term or a 
     successor is appointed, but not beyond the end of the 
     Congress during which the term of office expired.''.
                  TITLE III--ADJUDICATION IMPROVEMENTS

     SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR CLAIMS 
                   PURPOSES.

       (a) Statements of Claimant To Be Accepted as Proof of 
     Relationships.--Chapter 51 is amended by adding at the end 
     the following new section:

     ``Sec. 5124. Acceptance of claimant's statement as proof of 
       relationship

       ``(a) For purposes of benefits under laws administered by 
     the Secretary, the Secretary may accept the written statement 
     of a claimant as proof of the existence of any relationship 
     specified in subsection (b) for the purpose of acting on such 
     individual's claim for benefits.
       ``(b) Subsection (a) applies to proof of the existence of 
     any of the following relationships between a claimant and 
     another person:
       ``(1) Marriage.
       ``(2) Dissolution of a marriage.
       ``(3) Birth of a child.
       ``(4) Death of any family member.
       ``(c) The Secretary may require the submission of 
     documentation in support of the claimant's statement if--
       ``(1) the claimant does not reside within a State;
       ``(2) the statement on its face raises a question as to its 
     validity;
       ``(3) there is conflicting information of record; or
       ``(4) there is reasonable indication, in the statement or 
     otherwise, of fraud or misrepresentation.''.
       (b) Reports of Examinations by Private Physicians.--Such 
     chapter, as amended by subsection (a), is further amended by 
     adding at the end the following new section:

     ``Sec. 5125. Acceptance of reports of private physician 
       examinations

       ``For purposes of establishing any claim for benefits under 
     chapter 11 or 15 of this title, a report of a medical 
     examination administered by a private physician that is 
     provided by a claimant in support of a claim for benefits 
     under that chapter may be accepted without a requirement for 
     confirmation by an examination by a physician employed by the 
     Veterans Health Administration if the report is sufficiently 
     complete to be adequate for the purpose of adjudicating such 
     claim.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new items:

``5124. Acceptance of claimant's statement as proof of relationship.
``5125. Acceptance of reports of private physician examinations.''.

     SEC. 302. EXPEDITED TREATMENT OF REMANDED CLAIMS.

       The Secretary of Veterans Affairs shall take such actions 
     as may be necessary to provide for the expeditious treatment, 
     by the Board of Veterans' Appeals and by the regional offices 
     of the Veterans Benefits Administration, of any claim that 
     has been remanded by the Board of Veterans' Appeals or by the 
     United States Court of Veterans Appeals for additional 
     development or other appropriate action.

     SEC. 303. SCREENING OF APPEALS.

       Section 7107 is amended--
       (1) in subsection (a)(1), by striking out ``Each case'' and 
     inserting in lieu thereof ``Except as provided in subsection 
     (f), each case''; and
       (2) by adding at the end the following new subsection:
       ``(f) Nothing in this section shall preclude the screening 
     of cases for purposes of--
       ``(1) determining the adequacy of the record for decisional 
     purposes; or
       ``(2) the development, or attempted development, of a 
     record found to be inadequate for decisional purposes.''.

     SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION OF 
                   ADJUDICATION DIVISIONS IN VBA REGIONAL OFFICES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Veterans Affairs shall submit to 
     the Committees on Veterans' Affairs of the Senate and House 
     of Representatives a report addressing the feasibility and 
     impact of a reorganization of the adjudication divisions 
     located within the regional offices of the Veterans Benefits 
     Administration to a number of such divisions that would 
     result in improved efficiency in the processing of claims 
     filed by veterans, their survivors, or other eligible persons 
     for benefits administered by the Secretary.
           TITLE IV--VETERANS' CLAIMS ADJUDICATION COMMISSION

     SEC. 401. ESTABLISHMENT OF COMMISSION.

       (a) Establishment of Commission.--There is hereby 
     established a commission to be known as the Veterans' Claims 
     Adjudication Commission (hereinafter in this title referred 
     to as the ``commission'').
       (b) Membership.--(1) The commission shall be composed of 
     nine members, appointed by the Secretary of Veterans Affairs 
     as follows:
       (A) One member shall be appointed from among former 
     officials of the Department of Veterans Affairs (or the 
     Veterans' Administration).
       (B) Two members shall be appointed from among individuals 
     in the private sector who have expertise in the adjudication 
     of claims relating to insurance or similar benefits.
       (C) Two members shall be appointed from among individuals 
     employed in the Federal Government (other than the Department 
     of Veterans Affairs) who have expertise in the adjudication 
     of claims for benefits under Federal law other than under 
     laws administered by the Secretary of Veterans Affairs.
       (D) Two members shall be appointed from among individuals 
     recommended to the Secretary by representatives of veterans 
     service organizations.
       (E) One member shall be appointed based on a recommendation 
     of the American Bar Association or a similar private 
     organization from among individuals who have expertise in the 
     field of administrative law.
       (F) One member shall be appointed from among current 
     officials of the Department of Veterans Affairs.
       (2) The appointment of members of the commission under this 
     subsection shall be made not later than February 1, 1995.
       (c) Period of Appointment; Vacancies.--Members of the 
     commission shall be appointed for the life of the commission. 
     A vacancy in the commission shall not affect its powers, but 
     shall be filled in the same manner as the original 
     appointment.
       (d) Initial Meeting.--The commission shall hold its first 
     meeting not later than 30 days after the date on which all 
     members of the commission have been appointed.
       (e) Meetings.--The commission shall meet at the call of the 
     chairman.
       (f) Quorum.--A majority of the members of the commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Secretary shall designate a member of 
     the commission (other than the commission member who is a 
     current official of the Department of Veterans Affairs) to be 
     chairman of the commission.

     SEC. 402. DUTIES OF THE COMMISSION.

       (a) In General.--The commission shall carry out a study of 
     the Department of Veterans Affairs system for the disposition 
     of claims for veterans benefits.
       (b) Purpose of Study.--The purpose of the study is to 
     evaluate the Department of Veterans Affairs system for the 
     disposition of claims for veterans benefits in order to 
     determine the following:
       (1) The efficiency of current processes and procedures 
     under the system for the adjudication, resolution, review, 
     and final disposition of claims for veterans benefits, 
     including the effect of judicial review on the system, and 
     means of increasing the efficiency of the system.
       (2) Means of reducing the number of claims under the system 
     for which final disposition is pending.
       (3) Means of enhancing the ability of the Department of 
     Veterans Affairs to achieve final determination regarding 
     claims under the system in a prompt and appropriate manner.
       (c) Contents of Study.--The study to be carried out by the 
     commission under this section is a comprehensive evaluation 
     and assessment of the Department of Veterans Affairs system 
     for the disposition of claims for veterans benefits (as 
     defined in section 406) and of the system for the delivery of 
     such benefits, together with any related issues that the 
     commission determines are relevant to the study. The study 
     shall include an evaluation and assessment of the following:
       (1) The preparation and submission of claims by veterans 
     under the system.
       (2) The processes and procedures under the system for the 
     disposition of claims, including--
       (A) the scope and nature of the review undertaken with 
     respect to a claim at each stage in the claims disposition 
     process, including the role of hearings throughout the 
     process;
       (B) the number, Federal employment grade, and experience 
     and qualifications required of the persons undertaking such 
     review at each such stage;
       (C) opportunities for the submittal of new evidence; and
       (D) the availability of alternative means of completing 
     claims.
       (3) The effect on the system of the participation of 
     attorneys, members of veterans service organizations, and 
     other advocates on behalf of veterans.
       (4) The effect on the system of actions taken by the 
     Secretary to modernize the information management system of 
     the Department, including the use of electronic data 
     management systems.
       (5) The effect on the system of any work performance 
     standards used by the Secretary at regional offices of the 
     Department and at the Board of Veterans' Appeals.
       (6) The extent of the implementation in the system of the 
     recommendations of the Blue Ribbon Panel on Claims Processing 
     submitted to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives on December 2, 1993, and 
     the effect of such implementation on the system.
       (7) The effectiveness in improving the system of any pilot 
     programs carried out by the Secretary at regional offices of 
     the Department and of efforts by the Secretary to implement 
     such programs throughout the system.
       (8) The effectiveness of the quality control practices and 
     quality assurance practices under the system in achieving the 
     goals of such practices.
       (d) Cooperation of Secretary.--Upon the request of the 
     chairman of the commission, the Secretary shall, within 30 
     days of such request, submit to the commission, and to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives, such information as the chairman shall 
     determine is necessary for the commission to carry out the 
     study required under this section.
       (e) Reports.--(1) Not later than one year after the date of 
     the enactment of this Act, the commission shall submit to the 
     Secretary and to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives a preliminary report on 
     the study required under subsection (c). The report shall 
     contain the preliminary findings and conclusions of the 
     commission with respect to the evaluation and assessment 
     required under the study.
       (2) Not later than 18 months after such date, the 
     commission shall submit to the Secretary and to such 
     committees a report on such study. The report shall include 
     the following:
       (A) The findings and conclusions of the commission, 
     including its findings and conclusions with respect to the 
     matters referred to in subsection (c).
       (B) The recommendations of the commission for means of 
     improving the Department of Veterans Affairs system for the 
     disposition of claims for veterans benefits.
       (C) Such other information and recommendations with respect 
     to the system as the commission considers appropriate.

     SEC. 403. POWERS OF THE COMMISSION.

       (a) Hearings.--The commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the commission considers advisable 
     to carry out the purposes of this title.
       (b) Information From Federal Agencies.--In addition to the 
     information referred to in section 402(d), the commission may 
     secure directly from any Federal department or agency such 
     information as the commission considers necessary to carry 
     out the provisions of this title. Upon request of the 
     chairman of the commission, the head of such department or 
     agency shall furnish such information to the commission.
       (c) Postal Services.--The commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 404. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the commission. All members of the commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the commission.
       (c) Staff.--(1) The chairman of the commission may, without 
     regard to the civil service laws and regulations, appoint an 
     executive director and such other personnel as may be 
     necessary to enable the commission to perform its duties. The 
     appointment of an executive director shall be subject to 
     approval by the commission.
       (2) The chairman of the commission may fix the compensation 
     of the executive director and other personnel without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of title 5, United States Code, relating to classification 
     of positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (d) Detail of Government Employees.--Upon request of the 
     chairman of the commission, the head of any Federal 
     department or agency may detail, on a nonreimbursable basis, 
     any personnel of the department or agency to the commission 
     to assist it in carrying out its duties.
       (e) Procurement of Temporary and Intermittent Services.--
     The chairman of the commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 405. TERMINATION OF THE COMMISSION.

       The commission shall terminate 90 days after the date on 
     which the commission submits its report under section 
     402(e)(2).

     SEC. 406. DEFINITIONS.

       For the purposes of this title:
       (1) The term ``Department of Veterans Affairs system for 
     the disposition of claims for veterans benefits'' means the 
     processes and procedures of the Department of Veterans 
     Affairs for the adjudication, resolution, review, and final 
     disposition of claims for benefits under the laws 
     administered by the Secretary.
       (2) The term ``Secretary'' means the Secretary of Veterans 
     Affairs.
       (3) The term ``veterans service organizations'' means any 
     organization approved by the Secretary under section 5902(a) 
     of title 38, United States Code.

     SEC. 407. FUNDING.

       (a) Fiscal Year 1995.--From amounts appropriated to the 
     Department of Veterans Affairs for fiscal year 1995 for the 
     payment of compensation and pension, the amount of $400,000 
     is hereby made available for the activities of the commission 
     under this title.
       (b) Availability.--Any sums appropriated to the commission 
     shall remain available until expended.
                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CONCERNING 
                   COVERAGE OF RADIATION-EXPOSED VETERANS 
                   COMPENSATION ACT OF 1988.

       (a) Restatement of Absence of Statutory Limitation to 
     United States Tests.--Clause (i) of section 1112(c)(3)(B) is 
     amended by inserting ``(without regard to whether the nation 
     conducting the test was the United States or another 
     nation)'' after ``nuclear device''.
       (b) Proof of Service Connection of Disabilities Relating to 
     Exposure to Ionizing Radiation.--(1) Section 1113(b) is 
     amended--
       (A) by striking out ``title or'' and inserting in lieu 
     thereof ``title,''; and
       (B) by inserting ``, or section 5 of Public Law 98-542 (38 
     U.S.C. 1154 note)'' after ``of this section''.
       (2) The amendments made by paragraph (1) shall apply with 
     respect to applications for veterans benefits that are 
     submitted to the Secretary of Veterans Affairs after the date 
     of the enactment of this Act.

     SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE 
                   IN THE PHILIPPINES.

       Section 315(b) is amended by striking out ``December 31, 
     1994'' and inserting in lieu thereof ``December 31, 1999''.

     SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

       Section 5306 is amended by adding at the end the following 
     new subsection:
       ``(c) Notwithstanding subsection (b), if a new application 
     for pension under chapter 15 of this title or for dependency 
     and indemnity compensation for parents under section 1315 of 
     this title is filed within one year after renouncement of 
     that benefit, such application shall not be treated as an 
     original application and benefits will be payable as if the 
     renouncement had not occurred.''.

     SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER 
                   CONTINGENT FEE AGREEMENTS.

       (a) Clarification.--Subparagraph (A) of section 5904(d)(2) 
     is amended to read as follows:
       ``(A) A fee agreement referred to in paragraph (1) is one 
     under which the total amount of the fee payable to the 
     attorney--
       ``(i) is to be paid to the attorney by the Secretary 
     directly from any past-due benefits awarded on the basis of 
     the claim; and
       ``(ii) is contingent on whether or not the matter is 
     resolved in a manner favorable to the claimant.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to fee agreements entered into on or 
     after the date of the enactment of this Act.

     SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE PRESUMPTIONS 
                   ESTABLISHED ADMINISTRATIVELY.

       Section 1116(a)(2) is amended by adding at the end the 
     following new subparagraphs:
       ``(D) Hodgkin's disease becoming manifest to a degree of 
     disability of 10 percent or more.
       ``(E) Porphyria cutanea tarda becoming manifest to a degree 
     of disability of 10 percent or more within a year after the 
     last date on which the veteran performed active military, 
     naval, or air service in the Republic of Vietnam during the 
     Vietnam era.
       ``(F) Respiratory cancers (cancer of the lung, bronchus, 
     larynx, or trachea) becoming manifest to a degree of 10 
     percent or more within 30 years after the last date on which 
     the veteran performed active military, naval, or air service 
     in the Republic of Vietnam during the Vietnam era.
       ``(G) Multiple myeloma becoming manifest to a degree of 
     disability of 10 percent or more.''.

     SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR 
                   PURPOSES OF NEEDS-BASED BENEFITS.

       Any receipt by an individual from a Native Corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.) of cash, stock, land, or other interests referred to 
     in subparagraphs (A) through (E) of section 29(c) of that Act 
     (43 U.S.C. 1626(c)) (whether such receipt is attributable to 
     the disposition of real property, profits from the operation 
     of real property, or otherwise) shall not be countable as 
     income for purposes of any law administered by the Secretary 
     of Veterans Affairs.

     SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT OF CERTAIN 
                   BENEFITS IN PHILIPPINE PESOS.

       (a) General Rule.--The second sentence of each of 
     subsections (a) and (b) of section 107 is amended--
       (1) by striking out ``rate in pesos as is equivalent to'' 
     and inserting in lieu thereof ``rate of''; and
       (2) by striking out ``rate in Philippine pesos as is 
     equivalent to'' and inserting in lieu thereof ``rate of''.
       (b) Survivors' and Dependents' Educational Assistance.--
     Sections 3532(d) and 3565(b)(1) are amended by striking out 
     ``a rate in Philippine pesos equivalent to'' and inserting in 
     lieu thereof ``the rate of''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to payments made after December 31, 
     1994.

     SEC. 508. STUDY OF HEALTH CONSEQUENCES FOR FAMILY MEMBERS OF 
                   ATOMIC VETERANS OF EXPOSURE OF ATOMIC VETERANS 
                   TO IONIZING RADIATION.

       (a) Interagency Agreement.--The Secretary of Veterans 
     Affairs shall enter into an agreement with the Medical 
     Follow-Up Agency of the Institute of the Medicine of the 
     National Academy of Sciences under which that agency shall 
     convene a panel of appropriate individuals to carry out the 
     evaluation described in subsection (b).
       (b) Evaluation of Feasibility of Study.--(1) The panel 
     convened under subsection (a) shall evaluate the feasibility 
     of carrying out a study as described in subsection (c).
       (2) The panel shall submit the results of the evaluation 
     under paragraph (1) to the Secretary not later than 180 days 
     after the date of the enactment of this Act. The Secretary 
     shall promptly notify the Committees on Veterans' Affairs of 
     the Senate and the House of Representatives of such results.
       (c) Description of Study To Be Evaluated.--The study 
     referred to in subsection (b) (the feasibility of which is to 
     be evaluated under that subsection by the panel convened 
     under subsection (a)) is one which would determine the nature 
     and extent, if any, of the relationship between the exposure 
     of veterans described in subsection (d) to ionizing radiation 
     and the following:
       (1) Genetic defects and illnesses in the children and 
     grandchildren of such veterans.
       (2) Untoward pregnancy outcomes experienced by the wives of 
     such veterans, including premature births, stillbirths, 
     miscarriages, neonatal illnesses and deaths.
       (3) Periparturient diseases of the mother which are the 
     direct result of such untoward pregnancy outcomes.
       (d) Covered Veterans.--Subsection (c) applies to--
       (1) any veteran who was exposed (as determined by the 
     Secretary) to ionizing radiation as a result of--
       (A) participation while on active duty in the Armed Forces 
     in an atmospheric nuclear test that included the detonation 
     of a nuclear device;
       (B) service in the Armed Forces with the United States 
     occupation force of Hiroshima or Nagasaki, Japan, before July 
     1, 1946; or
       (C) internment or detention as a prisoner of war of Japan 
     before that date in circumstances providing the opportunity 
     for exposure to ionizing radiation comparable to the exposure 
     of individuals who served with such occupation force before 
     that date; and
       (2) any other veteran who the Secretary designates for 
     coverage under the study.

     SEC. 509. CENTER FOR MINORITY VETERANS AND CENTER FOR WOMEN 
                   VETERANS.

       (a) In General.--Chapter 3 is amended by striking out 
     section 317 and inserting in lieu thereof the following new 
     sections:

     ``Sec. 317. Center for Minority Veterans

       ``(a) There is in the Department a Center for Minority 
     Veterans. There is at the head of the Center a Director.
       ``(b) The Director shall be a noncareer appointee in the 
     Senior Executive Service. The Director shall be appointed for 
     a term of six years.
       ``(c) The Director reports directly to the Secretary or the 
     Deputy Secretary concerning the activities of the Center.
       ``(d) The Director shall perform the following functions 
     with respect to veterans who are minorities:
       ``(1) Serve as principal adviser to the Secretary on the 
     adoption and implementation of policies and programs 
     affecting veterans who are minorities.
       ``(2) Make recommendations to the Secretary, the Under 
     Secretary for Health, the Under Secretary for Benefits, and 
     other Department officials for the establishment or 
     improvement of programs in the Department for which veterans 
     who are minorities are eligible.
       ``(3) Promote the use of benefits authorized by this title 
     by veterans who are minorities and the conduct of outreach 
     activities to veterans who are minorities, in conjunction 
     with outreach activities carried out under chapter 77 of this 
     title.
       ``(4) Disseminate information and serve as a resource 
     center for the exchange of information regarding innovative 
     and successful programs which improve the services available 
     to veterans who are minorities.
       ``(5) Conduct and sponsor appropriate social and 
     demographic research on the needs of veterans who are 
     minorities and the extent to which programs authorized under 
     this title meet the needs of those veterans, without regard 
     to any law concerning the collection of information from the 
     public.
       ``(6) Analyze and evaluate complaints made by or on behalf 
     of veterans who are minorities about the adequacy and 
     timeliness of services provided by the Department and advise 
     the appropriate official of the Department of the results of 
     such analysis or evaluation.
       ``(7) Consult with, and provide assistance and information 
     to, officials responsible for administering Federal, State, 
     local, and private programs that assist veterans, to 
     encourage those officials to adopt policies which promote the 
     use of those programs by veterans who are minorities.
       ``(8) Advise the Secretary when laws or policies have the 
     effect of discouraging the use of benefits by veterans who 
     are minorities.
       ``(9) Publicize the results of medical research which are 
     of particular significance to veterans who are minorities.
       ``(10) Perform such other duties consistent with this 
     section as the Secretary shall prescribe.
       ``(e) The Secretary shall ensure that the Director is 
     furnished sufficient resources to enable the Director to 
     carry out the functions of the Center in a timely manner.
       ``(f) The Secretary shall include in documents submitted to 
     Congress by the Secretary in support of the President's 
     budget for each fiscal year--
       ``(1) detailed information on the budget for the Center;
       ``(2) the Secretary's opinion as to whether the resources 
     (including the number of employees) proposed in the budget 
     for that fiscal year are adequate to enable the Center to 
     comply with its statutory and regulatory duties; and
       ``(3) a report on the activities and significant 
     accomplishments of the Center during the preceding fiscal 
     year.

     ``Sec. 318. Center for Women Veterans

       ``(a) There is in the Department a Center for Women 
     Veterans. There is at the head of the Center a Director.
       ``(b) The Director shall be a noncareer appointee in the 
     Senior Executive Service. The Director shall be appointed for 
     a term of six years.
       ``(c) The Director reports directly to the Secretary or the 
     Deputy Secretary concerning the activities of the Center.
       ``(d) The Director shall perform the following functions 
     with respect to veterans who are women:
       ``(1) Serve as principal adviser to the Secretary on the 
     adoption and implementation of policies and programs 
     affecting veterans who are women.
       ``(2) Make recommendations to the Secretary, the Under 
     Secretary for Health, the Under Secretary for Benefits, and 
     other Department officials for the establishment or 
     improvement of programs in the Department for which veterans 
     who are women are eligible.
       ``(3) Promote the use of benefits authorized by this title 
     by veterans who are women and the conduct of outreach 
     activities to veterans who are women, in conjunction with 
     outreach activities carried out under chapter 77 of this 
     title.
       ``(4) Disseminate information and serve as a resource 
     center for the exchange of information regarding innovative 
     and successful programs which improve the services available 
     to veterans who are women.
       ``(5) Conduct and sponsor appropriate social and 
     demographic research on the needs of veterans who are women 
     and the extent to which programs authorized under this title 
     meet the needs of those veterans, without regard to any law 
     concerning the collection of information from the public.
       ``(6) Analyze and evaluate complaints made by or on behalf 
     of veterans who are women about the adequacy and timeliness 
     of services provided by the Department and advise the 
     appropriate official of the Department of the results of such 
     analysis or evaluation.
       ``(7) Consult with, and provide assistance and information 
     to, officials responsible for administering Federal, State, 
     local, and private programs that assist veterans, to 
     encourage those officials to adopt policies which promote the 
     use of those programs by veterans who are women.
       ``(8) Advise the Secretary when laws or policies have the 
     effect of discouraging the use of benefits by veterans who 
     are women.
       ``(9) Publicize the results of medical research which are 
     of particular significance to veterans who are women.
       ``(10) Advise the Secretary and other appropriate officials 
     on the effectiveness of the Department's efforts to 
     accomplish the goals of section 492B of the Public Health 
     Service Act (relating to the inclusion of women and 
     minorities in clinical research) and of particular health 
     conditions affecting womens' health which should be studied 
     as part of the Department's medical research program and 
     promote cooperation between the Department and other sponsors 
     of medical research of potential benefit to veterans who are 
     women.
       ``(11) Provide support and administrative services to the 
     Advisory Committee on Women Veterans established under 
     section 542 of this title.
       ``(12) Perform such other duties consistent with this 
     section as the Secretary shall prescribe.
       ``(e) The Secretary shall ensure that the Director is 
     furnished sufficient resources to enable the Director to 
     carry out the functions of the Center in a timely manner.
       ``(f) The Secretary shall include in documents submitted to 
     Congress by the Secretary in support of the President's 
     budget for each fiscal year--
       ``(1) detailed information on the budget for the Center;
       ``(2) the Secretary's opinion as to whether the resources 
     (including the number of employees) proposed in the budget 
     for that fiscal year are adequate to enable the Center to 
     comply with its statutory and regulatory duties; and
       ``(3) a report on the activities and significant 
     accomplishments of the Center during the preceding fiscal 
     year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by striking out the item 
     relating to section 317 and and inserting in lieu thereof the 
     following new items:

``317. Center for Minority Veterans.
``318. Center for Women Veterans.''.

     SEC. 510. ADVISORY COMMITTEE ON MINORITY VETERANS.

       (a) Establishment.--Subchapter III of chapter 5 is amended 
     by adding at the end the following new section:

     ``Sec. 544. Advisory Committee on Minority Veterans

       ``(a)(1) The Secretary shall establish an advisory 
     committee to be known as the Advisory Committee on Minority 
     Veterans (hereinafter in this section referred to as `the 
     Committee').
       ``(2)(A) The Committee shall consist of members appointed 
     by the Secretary from the general public, including--
       ``(i) representatives of veterans who are minority group 
     members;
       ``(ii) individuals who are recognized authorities in fields 
     pertinent to the needs of veterans who are minority group 
     members;
       ``(iii) veterans who are minority group members and who 
     have experience in a military theater of operations; and
       ``(iv) veterans who are minority group members and who do 
     not have such experience.
       ``(B) The Committee shall include, as ex officio members, 
     the following:
       ``(i) The Secretary of Labor (or a representative of the 
     Secretary of Labor designated by the Secretary after 
     consultation with the Assistant Secretary of Labor for 
     Veterans' Employment).
       ``(ii) The Secretary of Defense (or a representative of the 
     Secretary of Defense designated by the Secretary of Defense).
       ``(iii) The Secretary of the Interior (or a representative 
     of the Secretary of the Interior designated by the Secretary 
     of the Interior).
       ``(iv) The Secretary of Commerce (or a representative of 
     the Secretary of Commerce designated by the Secretary of 
     Commerce).
       ``(v) The Secretary of Health and Human Services (or a 
     representative of the Secretary of Health and Human Services 
     designated by the Secretary of Health and Human Services).
       ``(vi) The Under Secretary for Health and the Under 
     Secretary for Benefits, or their designees.
       ``(C) The Secretary may invite representatives of other 
     departments and agencies of the United States to participate 
     in the meetings and other activities of the Committee.
       ``(3) The Secretary shall determine the number, terms of 
     service, and pay and allowances of members of the Committee 
     appointed by the Secretary, except that a term of service of 
     any such member may not exceed three years. The Secretary may 
     reappoint any such member for additional terms of service.
       ``(4) The Committee shall meet as often as the Secretary 
     considers necessary or appropriate, but not less often than 
     twice each fiscal year.
       ``(b) The Secretary shall, on a regular basis, consult with 
     and seek the advice of the Committee with respect to the 
     administration of benefits by the Department for veterans who 
     are minority group members, reports and studies pertaining to 
     such veterans and the needs of such veterans with respect to 
     compensation, health care, rehabilitation, outreach, and 
     other benefits and programs administered by the Department.
       ``(c)(1) Not later than July 1 of each year, the Committee 
     shall submit to the Secretary a report on the programs and 
     activities of the Department that pertain to veterans who are 
     minority group members. Each such report shall include--
       ``(A) an assessment of the needs of veterans who are 
     minority group members with respect to compensation, health 
     care, rehabilitation, outreach, and other benefits and 
     programs administered by the Department;
       ``(B) a review of the programs and activities of the 
     Department designed to meet such needs; and
       ``(C) such recommendations (including recommendations for 
     administrative and legislative action) as the Committee 
     considers appropriate.
       ``(2) The Secretary shall, within 60 days after receiving 
     each report under paragraph (1), submit to Congress a copy of 
     the report, together with any comments concerning the report 
     that the Secretary considers appropriate.
       ``(3) The Committee may also submit to the Secretary such 
     other reports and recommendations as the Committee considers 
     appropriate.
       ``(4) The Secretary shall submit with each annual report 
     submitted to the Congress pursuant to section 529 of this 
     title a summary of all reports and recommendations of the 
     Committee submitted to the Secretary since the previous 
     annual report of the Secretary submitted pursuant to such 
     section.
       ``(d) In this section, the term `minority group member' 
     means an individual who is--
       ``(1) Asian American;
       ``(2) Black;
       ``(3) Hispanic;
       ``(4) Native American (including American Indian, Alaskan 
     Native, and Native Hawaiian); or
       ``(5) Pacific-Islander American.
       ``(e) The Committee shall cease to exist December 31, 
     1997.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 543 the following new item:

``544. Advisory Committee on Minority Veterans.''.

     SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT OF 
                   VETERANS APPEALS.

       (a) In General.--Section 7266(a) is amended to read as 
     follows:
       ``(a)(1) In order to obtain review by the Court of Veterans 
     Appeals of a final decision of the Board of Veterans' 
     Appeals, a person adversely affected by such decision shall 
     file a notice of appeal with the Court within 120 days after 
     the date on which notice of the decision is mailed pursuant 
     to section 7104(e) of this title.
       ``(2) An appellant shall file a notice of appeal under this 
     section by delivering or mailing the notice to the Court.
       ``(3) A notice of appeal shall be deemed to be received by 
     the Court as follows:
       ``(A) On the date of receipt by the Court, if the notice is 
     delivered.
       ``(B) On the date of the United States Post Service 
     postmark stamped on the cover in which the notice is posted, 
     if the notice is properly addressed to the Court and is 
     mailed.
       ``(4) For a notice of appeal mailed to the Court to be 
     deemed to be received under paragraph (3)(B) on a particular 
     date, the United States Postal Service postmark on the cover 
     in which the notice is posted must be legible. The Court 
     shall determine the legibility of any such postmark and the 
     Court's determination as to legibility shall be final and not 
     subject to review by any other Court.''.
       (b) Application.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to notices of appeal that are delivered or 
     mailed to the United States Court of Veterans Appeals on or 
     after that date.
               TITLE VI--EDUCATION AND TRAINING PROGRAMS

     SEC. 601. FLIGHT TRAINING.

       (a) Active Duty Program.--Section 3034(d) is amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(1)'' after ``(d)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (b) Post-Vietnam Era.--Section 3241(b) is amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(1)'' after ``(b)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (c) Reserve Program.--Section 2136(c) of title 10, United 
     States Code, is amended--
       (1) by striking out paragraph (2);
       (2) by striking out ``(1)'' after ``(c)''; and
       (3) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as of October 1, 1994.

     SEC. 602. TRAINING AND REHABILITATION FOR VETERANS WITH 
                   SERVICE-CONNECTED DISABILITIES.

       (a) Rehabilitation Resources.--Section 3115 is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking out ``or'' after ``(including the 
     Department of Veterans Affairs),''; and
       (ii) by inserting ``or of any federally recognized Indian 
     tribe,'' after ``financial assistance,''; and
       (B) in paragraph (4), by inserting ``any federally 
     recognized Indian tribe,'' after ``contributions,''; and
       (2) by adding at the end the following:
       ``(c) For purposes of this section, the term `federally 
     recognized Indian tribe' means any Indian tribe, band, 
     nation, pueblo, or other organized group or community, 
     including any Alaska Native village or regional corporation 
     as defined in or established pursuant to the Alaska Native 
     Claims Settlement Act, which is recognized as eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.''.
       (b) Allowances.--Section 3108(c)(2) is amended by inserting 
     ``or federally recognized Indian tribe'' after ``local 
     government agency''.
       (c) Technical Correction.--(1) Section 404(b) of the 
     Veterans' Benefits Act of 1992 (106 Stat. 4338) is amended by 
     striking out the period at the end and inserting in lieu 
     thereof ``, but shall not apply to veterans and other persons 
     who originally applied for assistance under chapter 31 of 
     title 38, United States Code, before November 1, 1990.''.
       (2) The amendment made by paragraph (1) shall take effect 
     as of October 29, 1992.

     SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS.

       (a) In General.--Section 3452(c) is amended by adding at 
     the end the following: ``For the period ending on September 
     30, 1996, such term includes any entity that provides 
     training required for completion of any State-approved 
     alternative teacher certification program (as determined by 
     the Secretary).''.
       (b) Clarifying Amendment.--Section 3002 is amended by 
     adding at the end the following new paragraph:
       ``(8) The term `educational institution' has the meaning 
     given such term in section 3452(c) of this title.''.

     SEC. 604. EDUCATION OUTSIDE THE UNITED STATES.

       (a) In General.--The first sentence of section 3476 is 
     amended to read as follows: ``An eligible veteran may not 
     enroll in any course offered by an educational institution 
     not located in a State unless that educational institution is 
     an approved institution of higher learning and the course is 
     approved by the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to courses approved on or after the 
     date of the enactment of this Act.

     SEC. 605. CORRESPONDENCE COURSES.

       (a) Approval of Programs of Education.--(1) Section 3672 is 
     amended by adding at the end the following new subsection:
       ``(e) A program of education exclusively by correspondence, 
     and the correspondence portion of a combination 
     correspondence-residence course leading to a vocational 
     objective, that is offered by an educational institution (as 
     defined in section 3452(c) of this title) may be approved 
     only if (1) the educational institution is accredited by an 
     entity recognized by the Secretary of Education, and (2) at 
     least 50 percent of those pursuing such a program or course 
     require six months or more to complete the program or 
     course.''.
       (2)(A) Section 3675(a)(2)(B) is amended by striking out ``A 
     State'' and inserting in lieu thereof ``Except as provided in 
     section 3672(e) of this title, a State''.
       (B) Section 3680(a) is amended--
       (i) by inserting ``or'' at the end of paragraph (2);
       (ii) by striking out ``; or'' at the end of paragraph (3) 
     and inserting in lieu thereof a period; and
       (iii) by striking out paragraph (4).
       (C) Section 3686(c) is amended by striking out ``(other 
     than one subject to the provisions of section 3676 of this 
     title)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to programs of education exclusively 
     by correspondence and to correspondence-residence courses 
     commencing more than 90 days after the date of the enactment 
     of this Act.

     SEC. 606. STATE APPROVING AGENCIES.

       (a) Reimbursement.--(1) Section 3674(a)(4) is amended by 
     striking out ``$12,000,000'' each place it appears and 
     inserting in lieu thereof ``$13,000,000''.
       (2) The amendments made by subsection (a) shall apply with 
     respect to services provided under such section after 
     September 30, 1994.
       (b) Elimination of Requirement for Quarterly Report to 
     Congress.--Section 3674(a)(3) is amended--
       (1) by striking out subparagraph (B); and
       (2) by striking out ``(A)'' after ``(3)''.
       (c) Evaluation of Agency Performance.--Section 3674A is 
     amended--
       (1) in subsection (a)--
       (A) by striking out paragraph (3); and
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (2) in subsection (b)--
       (A) by striking out ``subsection (a)(5) of this section'' 
     both places it appears and inserting in lieu thereof 
     ``subsection (a)(4)''; and
       (B) by inserting ``of this title'' after ``section 
     3674(a)'' both places it appears.

     SEC. 607. MEASUREMENT OF COURSES.

       Section 3688(b) is amended--
       (1) by striking out ``this chapter or'' and inserting in 
     lieu thereof ``this chapter,''; and
       (2) by inserting before the period at the end thereof the 
     following: ``, or chapter 106 of title 10''.

     SEC. 608. VETERANS' ADVISORY COMMITTEE ON EDUCATION.

       Section 3692 is amended--
       (1) in the first sentence of subsection (a)--
       (A) by striking out ``34,''; and
       (B) by inserting ``and chapter 106 of title 10'' before the 
     period at the end;
       (2) in the first sentence of subsection (b), by striking 
     out ``this chapter'' and all that follows through ``of this 
     title'' and inserting in lieu thereof ``this chapter, chapter 
     30, 32, and 35 of this title, and chapter 106 of title 10''; 
     and
       (3) in subsection (c), by striking out ``December 31, 
     1994'' and inserting in lieu thereof ``December 31, 2003''.

     SEC. 609. CONTRACT EDUCATIONAL AND VOCATIONAL COUNSELING.

       (a) Payment Limitation.--Section 3697(b) is amended by 
     striking out ``$5,000,000'' and inserting in lieu thereof 
     ``$6,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 1994.

     SEC. 610. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND 
                   TRAINING ACT OF 1992.

       (a) Period of Training.--(1) Section 4485(d) of the Service 
     Members Occupational Conversion and Training Act of 1992 (106 
     Stat. 2759; 10 U.S.C. 1143 note) is amended by striking out 
     ``or more than 18 months''.
       (2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760; 10 
     U.S.C. 1143 note) is amended by striking out the period at 
     the end thereof and inserting in lieu thereof the following: 
     ``in the community for the entire period of training of the 
     eligible person.''.
       (B) The amendment made by subparagraph (A) shall apply with 
     respect to programs of training under the Service Members 
     Occupational Conversion and Training Act of 1992 beginning 
     after the date of the enactment of this Act.
       (b) Payments.--Section 4487 of such Act (106 Stat. 2762; 10 
     U.S.C. 1143 note) is amended--
       (1) in subsection (a)(1)--
       (A) by striking out ``subparagraph (B)'' in subparagraph 
     (A) and inserting in lieu thereof ``subparagraphs (B) and 
     (C)'';
       (B) by inserting before the period at the end of 
     subparagraph (A) the following: ``but in no event to exceed 
     hours equivalent to 18 months of training''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) Assistance may be paid under this subtitle on behalf 
     of an eligible person to that person's employer for training 
     under two or more programs of job training under this 
     subtitle if such employer has not received (or is not due) on 
     that person's behalf assistance in an amount aggregating the 
     applicable amount set forth in subparagraph (B).''; and
       (2) in subsection (b)(3), by inserting before the period at 
     the end thereof ``, or upon the completion of the 18th month 
     of training under the last training program approved for the 
     person's pursuit with that employer under this subtitle, 
     whichever is earlier''.
       (c) Entry Into Program of Job Training.--Section 4488(a) of 
     such Act (106 Stat. 2764; 10 U.S.C. 1143 note) is amended by 
     striking out the third sentence thereof and inserting in lieu 
     thereof ``The eligible person may begin such program of job 
     training with the employer on the day that notice is 
     transmitted to such official by means prescribed by such 
     official. However, assistance under this subtitle may not be 
     provided to the employer if such official, within two weeks 
     after the date on which such notice is transmitted, 
     disapproves the eligible person's entry into that program of 
     job training in accordance with this section.''.
                     TITLE VII--EMPLOYMENT PROGRAMS

     SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT.

       (a) Deputy Assistant Secretary of Labor for Veterans' 
     Employment and Training.--Section 4102A(a) is amended--
       (1) by striking out ``(1)'' and ``(2)'' and inserting in 
     lieu thereof ``(A)'' and ``(B)'', respectively;
       (2) by inserting ``(1)'' after ``(a)''; and
       (3) by adding at the end the following:
       ``(2) There shall be within the Department of Labor a 
     Deputy Assistant Secretary of Labor for Veterans' Employment 
     and Training. The Deputy Assistant Secretary shall perform 
     such functions as the Assistant Secretary of Labor for 
     Veterans' Employment and Training prescribes. The Deputy 
     Assistant Secretary shall be a veteran.''.
       (b) DVOP Specialists Compensation Rates.--Section 
     4103A(a)(1) is amended by striking out ``a rate not less than 
     the rate prescribed for an entry level professional'' and 
     inserting in lieu thereof ``rates comparable to those paid 
     other professionals performing essentially similar duties''.
       (c) Special Unemployment Study.--Subsection (a) of section 
     4110A is amended to read as follows:
       ``(a)(1) The Secretary, through the Bureau of Labor 
     Statistics, shall conduct a study every two years of 
     unemployment among each of the following categories of 
     veterans:
       ``(A) Special disabled veterans.
       ``(B) Veterans of the Vietnam era who served in the Vietnam 
     theater of operations during the Vietnam era.
       ``(C) Veterans who served on active duty during the Vietnam 
     era who did not serve in the Vietnam theater of operations.
       ``(D) Veterans who served on active duty after the Vietnam 
     era.
       ``(E) Veterans discharged or released from active duty 
     within four years of the applicable study.
       ``(2) Within each of the categories of veterans specified 
     in paragraph (1), the Secretary shall include a separate 
     category for women who are veterans.
       ``(3) The Secretary shall promptly submit to Congress a 
     report on the results of each study under paragraph (1).''.

     SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS.

       (a) Federal Contracts.--Section 4212(a) is amended by 
     striking out ``all of its suitable employment openings,'' in 
     clause (1) of the third sentence and inserting in lieu 
     thereof ``all of its employment openings except that the 
     contractor may exclude openings for executive and top 
     management positions, positions which are to be filled from 
     within the contractor's organization, and positions lasting 
     three days or less,''.
       (b) Eligibility Requirements for Veterans Under Federal 
     Employment and Training Programs.--Section 4213 is amended--
       (1) by striking out ``chapters 11, 13, 31, 34, 35, and 36 
     of this title by an eligible veteran and'' and inserting in 
     lieu thereof ``chapters 11, 13, 30, 31, 35, and 36 of this 
     title by an eligible veteran,'';
       (2) by inserting ``and any amounts received by an eligible 
     person under chapter 106 of title 10,'' after ``chapters 13 
     and 35 of such title, and''; and
       (3) by striking out ``the needs or qualifications of 
     participants in'' and inserting in lieu thereof ``eligibility 
     under''.
              TITLE VIII--CEMETERIES AND MEMORIAL AFFAIRS

     SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES OF 
                   SPOUSES WHO PREDECEASE VETERANS.

       Section 2402(5) is amended by inserting ``spouse,'' after 
     ``The''.

     SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED 
                   SPOUSES.

       Section 2402(5), as amended by section 801, is further 
     amended by inserting after ``surviving spouse'' the 
     following: ``(which for purposes of this chapter includes an 
     unremarried surviving spouse who had a subsequent remarriage 
     which was terminated by death or divorce)''.

     SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
                   STATE CEMETERY GRANT PROGRAM.

       Paragraph (2) of section 2408(a) is amended by striking out 
     ``nine'' and inserting in lieu thereof ``fourteen''.

     SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT THE 
                   WILLAMETTE NATIONAL CEMETERY, OREGON.

       Notwithstanding section 2404(c)(2) of title 38, United 
     States Code, the Secretary of Veterans Affairs may provide 
     for flat grave markers at the Willamette National Cemetery, 
     Oregon.
                       TITLE IX--HOUSING PROGRAMS

     SEC. 901. ELIGIBILITY.

       (a) Reservists Discharged Because of a Service-Connected 
     Disability.--Section 3701(b)(5)(A) is amended--
       (1) by inserting ``(i)'' before ``who has''; and
       (2) by striking out the period at the end and inserting in 
     lieu thereof ``, or (ii) who was discharged or released from 
     the Selected Reserve before completing 6 years of service 
     because of a service-connected disability.''.
       (b) Surviving Spouses of Reservists Who Died While in 
     Active Military, Naval, or Air Service.--The second sentence 
     of section 3701(b)(2) is amended--
       (1) by inserting ``or service in the Selected Reserve'' 
     after ``duty'' each place it appears; and
       (2) by striking out ``spouse shall'' and inserting in lieu 
     thereof ``deceased spouse shall''.

     SEC. 902. REVISION IN COMPUTATION OF AGGREGATE GUARANTY.

       Section 3702(b) is amended--
       (1) in the matter preceding paragraph (1), by striking out 
     ``loan, if--'' and inserting in lieu thereof ``loan under the 
     following circumstances:'';
       (2) in paragraph (1)--
       (A) by striking out ``the property'' at the beginning of 
     subparagraph (A) and inserting in lieu thereof ``The 
     property'';
       (B) by striking out the semicolon at the end and inserting 
     in lieu thereof a period;
       (3) in paragraph (2)--
       (A) by striking out ``a veteran-transferee'' at the 
     beginning and inserting in lieu thereof ``A veteran-
     transferee'';
       (B) by striking out ``; or'' at the end and inserting in 
     lieu thereof a period;
       (4) in paragraph (3), by striking out ``the loan'' at the 
     beginning of subparagraph (A) and inserting in lieu thereof 
     ``The loan'';
       (5) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) In a case not covered by paragraph (1) or (2)--
       ``(A) the loan has been repaid in full and, if the 
     Secretary has suffered a loss on the loan, the loss has been 
     paid in full; or
       ``(B) the Secretary has been released from liability as to 
     the loan and, if the Secretary has suffered a loss on the 
     loan, the loss has been paid in full.'';
       (6) in the last sentence, by striking out ``clause (1) of 
     the preceding sentence'' and inserting in lieu thereof 
     ``paragraph (1)''; and
       (7) by adding at the end the following new sentence: ``The 
     authority of the Secretary under this subsection to exclude 
     an amount of guaranty or insurance housing loan entitlement 
     previously used by a veteran may be exercised only once for 
     that veteran under the authority of paragraph (4).''.

     SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS.

       Section 3704 is amended--
       (1) by striking out subsection (e); and
       (2) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.

     SEC. 904. AUTHORITY TO GUARANTEE HOME REFINANCE LOANS FOR 
                   ENERGY EFFICIENCY IMPROVEMENTS.

       (a) Loans.--Section 3710(a) is amended by inserting after 
     paragraph (10) the following new paragraph:
       ``(11) To refinance in accordance with subsection (e) an 
     existing loan guaranteed, insured, or made under this 
     chapter, and to improve the dwelling securing such loan 
     through energy efficiency improvements, as provided in 
     subsection (d).''.
       (b) Amount of Guaranty.--Section 3710(e)(1) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``or for the purpose specified in subsection (a)(11)'' after 
     ``subsection (a)(8)''; and
       (2) in subparagraph (C), by striking out ``may not exceed'' 
     and all that follows in such subparagraph and inserting in 
     lieu thereof ``may not exceed--
       ``(i) an amount equal to the sum of the balance of the loan 
     being refinanced and such closing costs (including any 
     discount permitted pursuant to section 3703(c)(3)(A) of this 
     title) as may be authorized by the Secretary (under 
     regulations which the Secretary shall prescribe) to be 
     included in the loan; or
       ``(ii) in the case of a loan for the purpose specified in 
     subsection (a)(11), an amount equal to the sum of the amount 
     referred to with respect to the loan under clause (i) and the 
     amount specified under subsection (d)(2);''.
       (c) Fee.--Section 3729(a)(2)(E) is amended by inserting 
     ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.

     SEC. 905. AUTHORITY TO GUARANTEE LOANS TO REFINANCE 
                   ADJUSTABLE RATE MORTGAGES TO FIXED RATE 
                   MORTGAGES.

       Section 3710(e)(1)(A) is amended by inserting before the 
     semicolon at the end the following: ``or, in a case in which 
     the loan is a fixed rate loan and the loan being refinanced 
     is an adjustable rate loan, the loan bears interest at a rate 
     that is agreed upon by the veteran and the mortgagee''.

     SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS.

       (a) Certification of Conformity With Standards.--Paragraph 
     (2) of subsection (h) of section 3712 is amended to read as 
     follows:
       ``(2) Any manufactured housing unit properly displaying a 
     certification of conformity to all applicable Federal 
     manufactured home construction and safety standards pursuant 
     to section 616 of the National Manufactured Housing 
     Construction and Safety Standards Act of 1974 (42 U.S.C. 
     5415) shall be deemed to meet the standards required by 
     paragraph (1).''.
       (b) Repeal of Inspection Requirements.--Subsection (j) of 
     such section is amended by striking out ``in the case of'' 
     the first place it appears and all that follows and inserting 
     in lieu thereof ``in the case of--
       ``(1) manufactured homes constructed by a manufacturer who 
     fails or is unable to discharge the manufacturer's 
     obligations under the warranty;
       ``(2) manufactured homes which are determined by the 
     Secretary not to conform to the standards provided for in 
     subsection (h); or
       ``(3) a manufacturer of manufactured homes who has engaged 
     in procedures or practices determined by the Secretary to be 
     unfair or prejudicial to veterans or the Government.''.
       (c) Elimination of Reporting Requirement.--Subsection (l) 
     of such section is amended--
       (1) by striking out ``the results of inspections required 
     by subsection (h) of this section,''; and
       (2) by striking out ``of this section,''.

     SEC. 907. PROCEDURES ON DEFAULT.

       (a) In General.--Paragraph (7) of section 3732(c) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     out ``that was the minimum amount for which, under applicable 
     State law, the property was permitted to be sold at the 
     liquidation sale'';
       (2) in subparagraph (A)--
       (A) by striking out ``the Secretary may accept conveyance 
     of the property to the United States for a price not 
     exceeding'' and inserting in lieu thereof ``(i) the amount 
     was the minimum amount for which, under applicable State law, 
     the property was permitted to be sold at the liquidation 
     sale, the holder shall have the option to convey the property 
     to the United States in return for payment by the Secretary 
     of an amount equal to''; and
       (B) by striking out ``and'' after ``loan;'' and inserting 
     in lieu thereof ``or'';
       (C) by adding at the end the following:
       ``(ii) there was no minimum amount for which the property 
     had to be sold at the liquidation sale under applicable State 
     law, the holder shall have the option to convey the property 
     to the United States in return for payment by the Secretary 
     of an amount equal to the lesser of such net value or total 
     indebtedness; and''; and
       (3) in subparagraph (B), by striking out ``paragraph 
     (6)(B)'' and inserting in lieu thereof ``paragraph (6)''.
       (b) Conforming Amendment.--Paragraph (6) of such section is 
     amended--
       (1) by striking out ``either'';
       (2) by striking out ``sale or acquires'' and all that 
     follows through ``(B) the'' and inserting in lieu thereof 
     ``sale, the''; and
       (3) by redesignating clauses (i) and (ii) as clauses (A) 
     and (B), respectively.

     SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.

       Subparagraph (F) of section 5303A(b)(3) is amended by 
     inserting ``or chapter 37'' after ``chapter 30'' in the 
     matter preceding clause (i).
                  TITLE X--HOMELESS VETERANS PROGRAMS

     SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT OF 
                   VETERANS AFFAIRS TO ASSIST HOMELESS VETERANS.

       (a) Annual Report.--(1) Not later than April 15 of each 
     year, the Secretary of Veterans Affairs shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report on the activities of the Department 
     of Veterans Affairs during the year preceding the report 
     under programs of the Department for the provision of 
     assistance to homeless veterans.
       (2) The report shall--
       (A) set forth the number of homeless veterans provided 
     assistance under those programs;
       (B) describe the cost to the Department of providing such 
     assistance under those programs; and
       (C) provide any other information on those programs and on 
     the provision of such assistance that the Secretary considers 
     appropriate.
       (b) Bi-Annual Requirement.--The Secretary shall include in 
     the report submitted under subsection (a)(1) in 1995, and 
     every two years thereafter, an evaluation of the 
     effectiveness of the programs of the Department in providing 
     assistance to homeless veterans.
       (c) Conforming Repeal.--Section 10 of Public Law 102-590 
     (106 Stat. 5141; 37 U.S.C. 7721 note) is repealed.

     SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RESPONSE TO 
                   NEEDS OF HOMELESS VETERANS.

       (a) Update of Assessment.--Subsection (b) of section 107 of 
     the Veterans' Medical Programs Amendments of 1992 (Public Law 
     102-405; 106 Stat. 1977; 38 U.S.C. 527 note) is amended by 
     adding at the end the following new paragraph:
       ``(6) The Secretary shall require that the directors 
     referred to in paragraph (1) update the assessment required 
     under that paragraph during each of 1995, 1996, and 1997.''.
       (b) Reports on Assessments and Plan.--Subsection (i) of 
     such section (106 Stat. 1978) is amended--
       (1) by striking out ``Report.--'' and inserting in lieu 
     thereof ``Reports.--(1)''; and
       (2) by adding at the end the following:
       ``(2) Not later than December 31, 1994, the Secretary shall 
     submit to such committees a report that--
       ``(A) describes the results of the assessment carried out 
     under subsection (b);
       ``(B) sets forth the lists developed under paragraph (1) of 
     subsection (c); and
       ``(C) describes the progress, if any, made by the directors 
     of the medical centers and the directors of the benefits 
     offices referred to in such subsection (c) in developing the 
     plan referred to in paragraph (2) of such subsection (c).
       ``(3) Not later than December 31 of each of 1995, 1996, and 
     1997, the Secretary shall submit to such committees a report 
     that describes the update to the assessment that is carried 
     out under subsection (b)(6) in the year preceding the 
     report.''.

     SEC. 1003. INCREASE IN NUMBER OF DEMONSTRATION PROGRAMS UNDER 
                   HOMELESS VETERANS COMPREHENSIVE SERVICE 
                   PROGRAMS ACT OF 1992.

       Section 2(b) of the Homeless Veterans Comprehensive Service 
     Programs Act of 1992 (38 U.S.C. 7721 note) is amended in the 
     first sentence by striking out ``four'' and inserting in lieu 
     thereof ``eight''.

     SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS 
                   VETERANS COMPREHENSIVE SERVICE PROGRAMS ACT OF 
                   1992.

       Section 12 of the Homeless Veterans Comprehensive Service 
     Programs Act of 1992 (38 U.S.C. 7721 note) is amended by 
     striking out the second sentence.

     SEC. 1005. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) of the funds appropriated for any fiscal year to 
     support Federal programs which are designed to assist 
     homeless individuals, a share more closely approximating the 
     proportion of the population of homeless individuals who are 
     veterans should be appropriated to the Secretary of Veterans 
     Affairs for programs to assist homeless veterans that are 
     administered by that Secretary;
       (2) of the Federal grants made available to assist 
     community organizations that assist homeless individuals, a 
     share of such grants more closely approximating the 
     proportion of the population of homeless individuals who are 
     veterans should be provided to community organizations that 
     provide assistance primarily to homeless veterans; and
       (3) the Secretary of Veterans Affairs should take such 
     actions as are necessary to ensure that Federal agencies that 
     provide assistance, either directly or indirectly, to 
     homeless individuals, including homeless veterans, are aware 
     of and encouraged to make appropriate referrals to facilities 
     of the Department of Veterans Affairs for benefits and 
     services, such as health care, substance abuse treatment, 
     counseling, and income assistance.
    TITLE XI--REDUCTIONS IN DEPARTMENT OF VETERANS AFFAIRS PERSONNEL

     SEC. 1101. FINDINGS.

       Congress makes the following findings:
       (1) Under proposals for national health care reform, the 
     Department of Veterans Affairs will be required to provide 
     health care services to veterans on a competitive basis with 
     other health care providers.
       (2) The elimination of positions from the Department that 
     the Office of Management and Budget has scheduled to occur in 
     fiscal years 1995 through 1999 would prevent the Department 
     from meeting the responsibilities of the Department to 
     provide health care to veterans under law and from 
     maintaining the quality of health care that is currently 
     provided to veterans.

     SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF FULL-TIME 
                   EQUIVALENT POSITIONS.

       (a) In General.--Chapter 7 is amended by adding at the end 
     the following new section:

     ``Sec. 712. Full-time equivalent positions: limitation on 
       reduction

       ``(a) Notwithstanding any other provision of law, the 
     number of full-time equivalent positions in the Department of 
     Veterans Affairs during the period beginning on the date of 
     the enactment of this section and ending on September 30, 
     1999, may not (except as provided in subsection (c)) be less 
     than 224,377.
       ``(b) In determining the number of full-time equivalent 
     positions in the Department of Veterans Affairs during a 
     fiscal year for purposes of ensuring under section 5(b) of 
     the Federal Workforce Restructuring Act of 1994 (Public Law 
     103-226; 108 Stat. 115; 5 U.S.C. 3101 note) that the total 
     number of full-time equivalent positions in all agencies of 
     the Federal Government during a fiscal year covered by that 
     section does not exceed the limit prescribed for that fiscal 
     year under that section, the total number of full-time 
     equivalent positions in the Department of Veterans Affairs 
     during that fiscal year shall be the number equal to--
       ``(1) the number of such positions in the Department during 
     that fiscal year, reduced by
       ``(2) the sum of--
       ``(A) the number of such positions in the Department during 
     that fiscal year that are filled by employees whose salaries 
     and benefits are paid primarily from funds other than 
     appropriated funds; and
       ``(B) the number of such positions held during that fiscal 
     year by persons involved in medical care cost recovery 
     activities under section 1729 of this title.
       ``(c) The Secretary shall not be required to make a 
     reduction in the number of full-time equivalent positions in 
     the Department unless such reduction--
       ``(1) is necessary due to a reduction in funds available to 
     the Department; or
       ``(2) is required under a law that is enacted after the 
     date of the enactment of this section and that refers 
     specifically to this section.
       ``(d) The Secretary shall submit to the Committees on 
     Veterans' Affairs of the Senate and House of Representatives 
     an annual report, through the year 2000, on the number and 
     type of full-time equivalent positions in the Department that 
     are reduced under this section. The report shall include a 
     justification for the reductions and shall be submitted with 
     the materials provided in support of the budget for the 
     Department contained in the President's budget submitted to 
     Congress for a fiscal year pursuant to section 1105 of title 
     31.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``712. Full-time equivalent positions: limitation on reduction.''.

     SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY 
                   SERVICES.

       Section 8110(c) is amended by striking out paragraph (7) 
     and inserting in lieu thereof the following:
       ``(7) Paragraphs (1) through (6) shall not be in effect 
     during fiscal years 1995 through 1999.
       ``(8) During the period covered by paragraph (7), whenever 
     an activity at a Department health-care facility is converted 
     from performance by Federal employees to performance by 
     employees of a contractor of the Government, the Secretary 
     shall--
       ``(A) require in the contract for the performance of such 
     activity that the contractor, in hiring employees for the 
     performance of the contract, give priority to former 
     employees of the Department who have been displaced by the 
     award of the contract; and
       ``(B) provide to such former employees of the Department 
     all possible assistance in obtaining other Federal employment 
     or entrance into job training and retraining programs.
       ``(9) The Secretary shall include in the Secretary's annual 
     report to Congress under section 529 of this title, for each 
     fiscal year covered by paragraph (7), a report on the use 
     during the year covered by the report of contracting-out 
     authority made available by reason of paragraph (7). The 
     Secretary shall include in each such report a description of 
     each use of such authority, together with the rationale for 
     the use of such authority and the effect of the use of such 
     authority on patient care and on employees of the 
     Department.''.

     SEC. 1104. STUDY.

       (a) Requirement.--The Secretary of Veterans Affairs shall 
     enter into an agreement with an appropriate non-Federal 
     entity under which the entity shall carry out a study of the 
     feasibility and advisability of alternative organizational 
     structures, such as the establishment of a wholly-owned 
     Government corporation or a Government-sponsored enterprise, 
     for the effective provision of health care services to 
     veterans.
       (b) Submission of Report.--The Secretary shall submit to 
     the Committees on Veterans' Affairs of the Senate and House 
     of Representatives a report on the study required under 
     subsection (a). The report shall be submitted not later than 
     one year after the date of the enactment of this Act.
       (c) Authorization of Funds.--There is hereby authorized to 
     be appropriated for the Department of Veterans Affairs the 
     sum of $1,000,000 for the purposes of carrying out the study 
     required under subsection (a).
              TITLE XII--TECHNICAL AND CLERICAL AMENDMENTS

     SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES CODE.

       (a) References to ``Secretary'' and ``Department''.--Title 
     38, United States Code, is amended as follows:
       (1) Paragraph (1) of section 101 is amended to read as 
     follows:
       ``(1) The terms `Secretary' and `Department' mean the 
     Secretary of Veterans Affairs and the Department of Veterans 
     Affairs, respectively.''.
       (2) Section 1532(c) is amended by striking out 
     ``Secretary'' and inserting in lieu thereof ``Veterans' 
     Administration''.
       (3) Section 3745(a) is amended by striking out 
     ``Secretary'' after ``consult with the'' and inserting in 
     lieu thereof ``Administrator''.
       (4) Section 4102A(e) is amended by striking out ``Regional 
     Secretary'' both places it appears and inserting in lieu 
     thereof ``Regional Administrator''.
       (5) Section 4110(d)(9) is amended by striking out 
     ``Secretary of the Small Business Administration'' and 
     inserting in lieu thereof ``Administrator of the Small 
     Business Administration''.
       (b) References to Department of Medicine and Surgery.--
       (1) The following sections of title 38, United States Code, 
     are amended by striking out ``Department of Medicine and 
     Surgery'' each place it appears and inserting in lieu thereof 
     ``Veterans Health Administration'': sections 3120(a), 
     3120(f), 3121(a)(3), 7603(a), 7603(c)(1)(B), 7604(1)(B), 
     7604(2)(D), 7612(c)(1)(B), 7615, 7616(b)(2), 7616(c), 
     7622(b)(1), 7622(c)(2)(A), 7623(b), 7635(a)(1), 7635(a)(2), 
     and 8110(a).
       (2) Section 7622(c)(2)(B) of such title is amended by 
     striking out ``such Department'' and inserting in lieu 
     thereof ``the Veterans Health Administration''.
       (c) Conforming Amendments Relating to Conversion of 
     Positions of Chief Medical Director and Chief Benefits 
     Director to Under Secretary Positions.--Title 38, United 
     States Code, is amended as follows:
       (1) Section 305 is amended--
       (A) in subsection (a)(1), by striking out ``a Under 
     Secretary'' and inserting in lieu thereof ``an Under 
     Secretary''; and
       (B) in subsection (d)(2)(F), by striking out ``Under 
     Secretary'' the second place it appears and all that follows 
     through the closing parenthesis and inserting in lieu thereof 
     ``Chief Medical Director of the Veterans' Administration)''.
       (2) Section 306 is amended--
       (A) in subsection (a), by striking out ``a Under 
     Secretary'' and inserting in lieu thereof ``an Under 
     Secretary''; and
       (B) in subsection (d)(2)(F), by striking out ``Under 
     Secretary'' the second place it appears and all that follows 
     through the closing parenthesis and inserting in lieu thereof 
     ``Chief Benefits Director of the Veterans' Administration)''.
       (3) Section 7306 is amended--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking out ``Assistant Chief 
     Medical Directors'' and inserting in lieu thereof ``Assistant 
     Under Secretaries for Health'';
       (ii) by redesignating the last three paragraphs as 
     paragraphs (8), (7), and (9) respectively;
       (iii) by reversing the order in which the penultimate and 
     antepenultimate paragraphs appear; and
       (iv) in paragraph (8), as so redesignated, by striking out 
     ``Chief Medical Director'' and inserting in lieu thereof 
     ``Under Secretary for Health'';
       (B) in subsection (b), by striking out ``Assistant Chief 
     Medical Directors'' in the matter preceding paragraph (1) and 
     inserting in lieu thereof ``Assistant Under Secretaries for 
     Health''; and
       (C) in subsection (c), by striking out ``and (7)'' and 
     inserting in lieu thereof ``and (8)''.
       (4) Section 7314(d) is amended--
       (A) in paragraph (1)--
       (i) by striking out ``the Chief Medical Director and the 
     Secretary to carry out'' and inserting in lieu thereof ``the 
     Secretary and the Under Secretary for Health in carrying 
     out''; and
       (ii) by striking out ``the Assistant Chief Medical Director 
     described in section 7306(b)(3)'' and inserting in lieu 
     thereof ``the Assistant Under Secretary for Health described 
     in section 7306(b)(3)''; and
       (B) in paragraph (3), by striking out ``Assistant Chief 
     Medical Director'' both places it appears and inserting in 
     lieu thereof ``Assistant Under Secretary''.
       (5) Section 7318 is amended by striking out ``Chief Medical 
     Director'' each place it appears and inserting in lieu 
     thereof ``Under Secretary for Health''.
       (6) Section 7440(1) is amended by striking out ``Chief 
     Medical Director's'' and inserting in lieu thereof ``Under 
     Secretary for Health's''.
       (7) Section 7451(g)(1) is amended by striking out ``Chief 
     Medical Director's'' and inserting in lieu thereof ``Under 
     Secretary for Health's''.
       (d) Cross Reference Amendments to Provisions of Title 38.--
     Title 38, United States Code, is amended as follows:
       (1) Section 115 is amended by striking out ``sections 230'' 
     and inserting in lieu thereof ``sections 314, 315, 316,''.
       (2) Section 1710(f)(3)(E) is amended by striking out 
     ``section 1712(f)'' and ``section 1712(f)(4)'' inserting in 
     lieu thereof ``section 1712(a)'' and ``section 1712(f)'', 
     respectively.
       (3) Section 1712 is amended--
       (A) in subsection (i)(5), by striking out ``section 
     1722(a)(1)(C)'' and inserting in lieu thereof ``section 
     1722(a)(3)''; and
       (B) in subsection (j), by striking out ``Section 4116'' and 
     inserting in lieu thereof ``Section 7316''.
       (4) Section 3018A(d)(3) is amended by striking out 
     ``section 3015(e)'' and inserting in lieu thereof ``section 
     3015(f)''.
       (5) Section 3018B(d)(3) is amended by striking out 
     ``section 3015(e)'' and inserting in lieu thereof ``section 
     3015(f)''.
       (6) Section 3032(f)(3) is amended by striking out ``(c), or 
     (d)(1)'' and inserting in lieu thereof ``(d), or (e)(1)''.
       (7) Section 3035(b) is amended--
       (A) in paragraph (2), by striking out ``section 3015(c)'' 
     and inserting in lieu thereof ``section 3015(d)''; and
       (B) in paragraph (3)(C), by striking out ``section 
     3015(e)'' and inserting in lieu thereof ``section 3015(f)''.
       (8) Section 3103(b)(3) is amended by striking out ``section 
     3102(1)(A)'' and inserting in lieu thereof ``section 
     3102(1)(A)(i)''.
       (9) Section 3106(a) is amended by striking out ``section 
     3102(1)(A) or (B)'' and inserting in lieu thereof ``clause 
     (i) or (ii) of section 3102(1)(A)''.
       (10) Section 3113(a) is amended by striking out ``section 
     3102(1)(B) and (2)'' and inserting in lieu thereof 
     ``subparagraphs (A)(ii) and (B) of section 3102(1)''.
       (11) Section 3120(b) is amended by striking out ``section 
     3012(1)(A)'' and inserting in lieu thereof ``section 
     3102(1)(A)(i)''.
       (12) Section 3241(c) is amended by striking out ``1663,''.
       (13) Section 3735(a)(1)(A) is amended by striking out 
     ``section 3402'' and inserting in lieu thereof ``section 
     5902''.
       (14) Section 4103(c)(2) is amended by striking out 
     ``subchapter IV of chapter 3'' and inserting in lieu thereof 
     ``subchapter II of chapter 77''.
       (15) Section 5104(a) is amended by striking out ``section 
     211(a)'' and inserting in lieu thereof ``section 511''.
       (16) Section 8103(d)(6)(A) is amended by striking out 
     ``section 230(c)'' and inserting in lieu thereof ``section 
     316''.
       (17) Section 8110(c)(3)(B) is amended by striking out 
     ``section 213 or 4117'' and inserting in lieu thereof 
     ``section 513 or 7409''.
       (18) Section 8135(a)(3) is amended by striking out 
     ``section 8134(2)'' and inserting in lieu thereof ``section 
     8134(a)(2)''.
       (19) Section 8155(a) is amended by striking out ``section 
     4112'' and inserting in lieu thereof ``section 7312''.
       (20) Section 8201(c) is amended by striking out ``section 
     4112(a)'' and inserting in lieu thereof ``section 7312(a)''.
       (e) Punctuation, Capitalization, Spelling, Etc.--Title 38, 
     United States Code, is amended as follows:
       (1) Section 111(b)(3)(B) is amended by striking out ``the 
     Department facility'' and inserting in lieu thereof ``a 
     Department facility''.
       (2) Sections 305(d)(2)(F) and 306(d)(2)(F) are amended by 
     striking out ``Commission'' and inserting in lieu thereof 
     ``commission''.
       (3) Section 312(a) is amended by striking out ``(5 U.S.C. 
     App. 3)'' and inserting in lieu thereof ``(5 U.S.C. App.)''.
       (4) Section 317(b)(2) is amended by striking out 
     ``provided, by the'' and inserting in lieu thereof ``provided 
     by, the''.
       (5) Section 711(d) is amended by striking out 
     ``Committees'' and inserting in lieu thereof ``committees''.
       (6) Section 1116(a)(1)(B) is amended by striking out 
     ``(1)'' and ``(2)'' and inserting in lieu thereof ``(i)'' and 
     ``(ii)'', respectively.
       (7) Section 1722A(a)(1) is amended by striking out the 
     closing parenthesis after ``veteran'' in the first sentence.
       (8) Section 1969(e) is amended--
       (A) by striking out ``sections 1971 (a) and (c)'' and 
     inserting in lieu thereof ``subsections (a) and (c) of 
     section 1971''; and
       (B) by striking out ``sections 1971 (d) and (e)'' and 
     inserting in lieu thereof ``subsections (d) and (e) of 
     section 1971''.
       (9) Section 1977(f) is amended by striking out ``sections 
     1971 (d) and (e)'' and inserting in lieu thereof 
     ``subsections (d) and (e) of section 1971''.
       (10) Section 3011(f)(1) is amended by striking out ``whose 
     length'' and inserting in lieu thereof ``the length of 
     which''.
       (11) Section 3018B(d) is amended--
       (A) in paragraph (1), by striking out ``(a)(2)(D) of this 
     subsection'' and inserting in lieu thereof ``(a)(2)(D) of 
     this section''; and
       (B) in paragraph (3)--
       (i) by striking out ``such Account'' and inserting in lieu 
     thereof ``such account''; and
       (ii) by striking out ``this chapter'' and inserting in lieu 
     thereof ``this title''.
       (12) Section 3688(a)(6) is amended by inserting a comma 
     after ``3241(a)(2)''.
       (13) Section 3706 is amended by striking out ``of this 
     chapter'' the second and third places it appears and 
     inserting in lieu thereof ``of this title''.
       (14) Section 3712 is amended--
       (A) in subsection (c)(3)--
       (i) by inserting ``of'' in subparagraph (D) after 
     ``subparagraph (B)''; and
       (ii) by striking out ``of this subsection'' in subparagraph 
     (E) and inserting in lieu thereof ``of this paragraph''; and
       (B) in subsection (m), by striking out ``section 3704(d) 
     and section 3721 of this chapter'' and inserting in lieu 
     thereof ``sections 3704(d) and 3721 of this title''.
       (15) Section 3713(b) is amended in the last sentence by 
     striking out ``subsection 5302(b) of this title, if eligible 
     thereunder'' and inserting in lieu thereof ``section 5302(b) 
     of this title, if the veteran is eligible for relief under 
     that section''.
       (16) Section 5702 is amended--
       (A) by inserting ``(a)'' before ``Any person desiring'';
       (B) by striking out ``custody of'' and all that follows 
     through ``stating'' and inserting in lieu thereof ``custody 
     of the Secretary that may be disclosed under section 5701 of 
     this title must submit to the Secretary an application in 
     writing for such copy. The application shall state''; and
       (C) in subsection (c), by striking out ``is authorized to 
     fix'' and inserting in lieu thereof ``may establish''.
       (17) Section 6101(a) is amended by inserting a comma after 
     ``title 18''.
       (18) Section 6103(d)(1) is amended in the second sentence--
       (A) by striking out ``(a)'' and ``(b)'' and inserting in 
     lieu thereof ``(A)'' and ``(B)'', respectively; and
       (B) by striking out ``prior to'' and inserting in lieu 
     thereof ``before''.
       (19) Section 6105(c) is amended--
       (A) in the first sentence, by striking out ``clauses (2), 
     (3), or (4) of subsection (b) of this section'' and inserting 
     in lieu thereof ``paragraph (2), (3), or (4) of subsection 
     (b)'';
       (B) in the second sentence, by striking out ``clause (1) of 
     that subsection'' and inserting in lieu thereof ``paragraph 
     (1) of subsection (b)''; and
       (C) by transposing the two sentences of that subsection (as 
     so amended).
       (20) Section 7312(d) is amended by striking out ``the 
     advisory groups activities'' and inserting in lieu thereof 
     ``the activities of the advisory group''.
       (21) Section 7408(a) is amended by striking out ``civil-
     service'' and inserting in lieu thereof ``civil service''.
       (22) Sections 7433(b)(3)(A) and 7435(b)(3)(A) are amended 
     by striking out ``nation-wide'' and inserting in lieu thereof 
     ``nationwide''.
       (23) Section 7451(d)(3)(C)(i)(I) is amended by striking out 
     ``labor market area'' and inserting in lieu thereof ``labor-
     market area''.
       (24) Section 7453 is amended by striking out 
     ``subsections'' in subsections (f) and (g) and inserting in 
     lieu thereof ``subsection''.
       (25) Section 7601(a) is amended by striking out the comma 
     at the end of paragraph (1) and inserting in lieu thereof a 
     semicolon.
       (26) Section 7604 is amended by striking out 
     ``subchapters'' in paragraphs (1)(A), (2)(D), and (5) and 
     inserting in lieu thereof ``subchapter''.
       (27) Section 8126 is amended--
       (A) in subsection (e)(1)(A), by striking out ``1-year'' and 
     inserting in lieu thereof ``one-year''; and
       (B) in subsection (f)(2), by striking out ``, and'' and 
     inserting in lieu thereof a period.
       (f) Date of Enactment References.--Title 38, United States 
     Code, is amended as follows:
       (1) Section 1922A(b) is amended by striking out ``insurance 
     not later than'' and all that follows through ``that the 
     Department'' and inserting in lieu thereof ``insurance. Such 
     application must be filed not later than (1) October 31, 
     1993, or (2) the end of the one-year period beginning on the 
     date on which the Secretary''.
       (2) Sections 3011(e) and 3012(f) are amended by striking 
     out ``the end of the 24-month period beginning on the date of 
     the enactment of this subsection'' and inserting in lieu 
     thereof ``October 28, 1994,''.
       (3) Section 3018B(a)(2)(A) is amended by striking out ``the 
     date of enactment of this section'' and inserting in lieu 
     thereof ``October 23, 1992,''.
       (4) Section 3702(a)(2)(E) is amended by striking out ``For 
     the 7-year period beginning on the date of enactment of this 
     subparagraph,'' and inserting in lieu thereof ``For the 
     period beginning on October 28, 1992, and ending on October 
     27, 1999,''.
       (5) Section 6103(d)(2) is amended by striking out ``the 
     date of enactment of this amendatory Act'' and inserting in 
     lieu thereof ``June 30, 1972''.
       (6) Section 8126 is amended--
       (A) in subsection (e)(1)(A), by striking out ``30 days 
     after the date of the enactment of this section'' and 
     inserting in lieu thereof ``December 4, 1992''; and
       (B) in subsection (g), by striking out ``the date of the 
     enactment of this section'' in paragraphs (1) and (2) and 
     inserting in lieu thereof ``November 4, 1992''.
       (g) Obsolete or Executed Provisions.--Title 38, United 
     States Code, is amended as follows:
       (1) Section 312(b) is amended by striking out paragraph 
     (3).
       (2) Section 1524(a)(2) is amended by striking out ``Subject 
     to paragraph (3) of this subsection, if'' and inserting in 
     lieu thereof ``If''.
       (3) Section 4110(c)(1) is amended by striking out ``shall, 
     within 90 days after the date of the enactment of this 
     section, appoint'' and inserting in lieu thereof ``shall 
     appoint''.
       (4)(A) Section 5505 is repealed.
       (B) The table of sections at the beginning of chapter 55 is 
     amended by striking out the item relating to section 5505.
       (5) Section 7311 is amended by striking out subsections (f) 
     and (g).
       (6) Section 7453(i)(3) is amended by striking out ``of 
     title 5''.
       (7) Section 8110(c) is amended by striking out paragraph 
     (7).
       (8) Section 8111(b) is amended--
       (A) in paragraph (2)--
       (i) by striking out ``During fiscal years 1982 and 1983'' 
     in the second sentence and inserting in lieu thereof ``During 
     odd-numbered fiscal years'';
       (ii) by striking out ``During fiscal year 1984'' in the 
     third sentence and inserting in lieu thereof ``During even-
     numbered fiscal years''; and
       (iii) by striking out the fourth sentence; and
       (B) in paragraph (4), by striking out ``Within nine months 
     of the date of the enactment of this subsection and at such 
     times thereafter as'' and inserting in lieu thereof ``At such 
     times as''.
       (h) Amendments to Headings and Tables of Contents.--Title 
     38, United States Code, is amended as follows:
       (1) The table of chapters before part I and the table of 
     chapters at the beginning of part III are amended by striking 
     out the item relating to chapter 42 and inserting in lieu 
     thereof the following:

``42. Employment and Training of Veterans...................4211''.....

       (2) The heading of section 2106 is amended by revising each 
     word after the first word so that the initial letter of each 
     such word is lower case.
       (3) The item relating to subchapter III in the table of 
     sections at the beginning of chapter 73 is amended to read as 
     follows:

           ``subchapter iii--protection of patient rights''.

       (4) The heading of section 7458 is amended to read as 
     follows:

     ``Sec. 7458. Recruitment and retention bonus pay''.

       (5) The heading of chapter 81 is amended by inserting 
     ``enhanced-use'' before ``leases of real''.
       (6) The item relating to section 8126 in the table of 
     sections at the beginning of chapter 81 is amended to read as 
     follows:

``8126. Limitation on prices of drugs procured by Department and 
              certain other Federal agencies.''.
       (i) Other Miscellaneous Corrections.--Title 38, United 
     States Code, is amended as follows:
       (1) Section 1718(c)(1) is amended by inserting ``of 
     Veterans Affairs'' after ``Department'' in the first 
     sentence.
       (2) Section 1922(b)(4) is amended by striking out 
     ``Notwithstanding'' and all that follows through ``title,'' 
     and inserting in lieu thereof ``Notwithstanding section 1917 
     of this title,''.
       (3) Section 1969(d)(3) is amended by striking out 
     ```General Operating Expenses, Department''' and inserting in 
     lieu thereof ```General Operating Expenses, Department of 
     Veterans Affairs'''.
       (4) Section 3018A(a)(1) is amended by striking ``after 
     December 31, 1990,'' and all that follows through ``whichever 
     is later,'' and inserting in lieu thereof ``after February 2, 
     1991,''.
       (5) Section 3121(a)(3) is amended by striking out 
     ``Department of Veterans' Benefits'' and inserting in lieu 
     thereof ``Veterans Benefits Administration''.
       (6) Section 3680(a)(C) is amended by striking out ``1 
     full'' and inserting in lieu thereof ``one full''.
       (7) Section 4110(e)(3)(B) is amended--
       (A) by striking out ``, United States Code,''; and
       (B) by striking out ``the Board'' and inserting in lieu 
     thereof ``the advisory committee''.
       (8) Section 5110 is amended by striking out subsection (m).
       (9) Section 7315(b)(2) is amended by striking out 
     ``Department'' and inserting in lieu thereof ``Veterans' 
     Administration''.
       (10) Section 8111(f)(6) is amended by inserting ``of 
     Defense'' after ``the Secretary'' the second place it 
     appears.
       (11) Section 8502(d) is amended by striking out ``General 
     Post Fund, National Homes, Department,'' and inserting in 
     lieu thereof ``General Post Fund, National Homes, Department 
     of Veterans Affairs,''.

     SEC. 1202. AMENDMENTS TO OTHER LAWS ADMINISTERED BY SECRETARY 
                   OF VETERANS AFFAIRS.

       (a) Public Law 102-54.--Effective as of June 13, 1991, and 
     as if included in the enactment of Public Law 102-54, Public 
     Law 102-54 is amended as follows:
       (1) Section 13(e) (105 Stat. 275) is amended by striking 
     out ``subsection (b)(10)'' and inserting in lieu thereof 
     ``subsection (c)(10)''.
       (2) Section 15(a)(1)(A) (105 Stat. 289) is amended by 
     inserting ``the first place it appears'' before ``in the 
     first sentence''.
       (b) Public Law 102-83.--Effective as of August 6, 1991, and 
     as if included in the enactment of Public Law 102-83, section 
     4(a) of Public Law 102-83 (105 Stat. 403) is amended as 
     follows:
       (1) Paragraph (2)(E) is amended by striking out ``Section 
     601(4)'' and inserting in lieu thereof ``Section 601(3)''.
       (2) Paragraph (4) is amended by adding at the end the 
     following:
       ``(E) Sections 7314(b)(1) and 7315(b)(2).''.
       (c) Public Law 102-86.--Section 403(b)(4) of the Veterans' 
     Benefits Programs Improvement Act of 1991 (Public Law 102-86; 
     105 Stat. 423; 36 U.S.C. 493(b)(4)) is amended by striking 
     out ``section 235'' and inserting in lieu thereof ``section 
     707''.
       (d) Public Law 102-547.--Section 10(b)(2) of the Veterans 
     Home Loan Program Amendments of 1992 (106 Stat. 3643; 38 
     U.S.C. 3703 note) is amended by striking out ``paragraph 4'' 
     and inserting in lieu thereof ``paragraph (4)''.
       (e) Public Law 102-585.--The Veterans Health Care Act of 
     1992 (Public Law 102-585) is amended as follows:
       (1) Section 202 (38 U.S.C. 8111 note) is amended by 
     striking out ``the Chief Medical Director'' and inserting in 
     lieu thereof ``the Under Secretary for Health of the 
     Department of Veterans Affairs''.
       (2) Section 511(c) (38 U.S.C. 7318 note) is amended by 
     striking out ``Chief Medical Director'' each place it appears 
     and inserting in lieu thereof ``Under Secretary for Health''.

     SEC. 1203. AMENDMENTS TO OTHER LAWS.

       (a) Public Health Service Act.--The Public Health Service 
     Act is amended as follows:
       (1) Section 502(b)(2)(D) (42 U.S.C. 290aa-1(b)(2)(D)) is 
     amended to read as follows:
       ``(D) the Under Secretary for Health of the Department of 
     Veterans Affairs;''.
       (2) Section 542(b)(2) (42 U.S.C. 290dd-1(b)(2)) is amended 
     by striking out ``Chief Medical Director'' and inserting in 
     lieu thereof ``Under Secretary for Health''.
       (3) Section 2604(b)(2)(A) (42 U.S.C. 300ff-14(b)(2)(A)) is 
     amended by striking out ``Veterans Administration 
     facilities'' and inserting in lieu thereof ``Department of 
     Veterans Affairs facilities''.
       (b) Miscellaneous Department and Secretary References.--
     Section 5102(c)(3) of title 5, United States Code, is amended 
     by striking out the comma after ``Department of Veterans 
     Affairs''.
       (c) Miscellaneous Cross-Reference Corrections.--
       (1) Section 1204(a)(1) of title 5, United States Code, is 
     amended by striking out ``section 4323'' and inserting in 
     lieu thereof ``section 4303''.
       (2) Section 441(b)(2)(B) of the Job Training Partnership 
     Act (29 U.S.C. 1721(b)(2)(B)) is amended--
       (A) by striking out ``subchapter IV of chapter 3'' and 
     inserting in lieu thereof ``subchapter II of chapter 77''; 
     and
       (B) by striking out ``sections 612A, 620A, 1787, and 
     2003A'' and inserting in lieu thereof ``sections 1712A, 
     1720A, 3687, and 4103A''.
       (3) Section 107 of the Local Public Works Capital 
     Development and Investment Act of 1976 (42 U.S.C. 6706) is 
     amended by striking out ``section 4211(2)(A)'' and ``section 
     2011(1)'' inserting in lieu thereof ``section 4211(2)'' and 
     ``section 4211(1)'', respectively.
       (4) Section 4(g)(2) of the Employment Act of 1946 (15 
     U.S.C. 1022a(g)(2)) is amended--
       (A) by striking out ``this subsection'' and inserting in 
     lieu thereof ``this section''; and
       (B) by striking out ``section 2011(1) or (2)(A)'' and 
     inserting in lieu thereof ``section 4211(1) or (2)''.


                  Amendment Offered by Mr. Montgomery

  Mr. MONTGOMERY. Mr. Speaker, I offer an amendment.
  The Clerk read as follows:
       Amendment offered by Mr. Montgomery:
       Beginning on page 76, line 1, strike out all through page 
     81, line 11, and amend the table of contents.
  The SPEAKER pro tempore. The question is on the amendment offered by 
the gentleman from Mississippi [Mr. Montgomery].
  The amendment was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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